Prentice v. Achorn
New York Court of Chancery
The complainants filed their bill in this cause to set aside a conveyance made by A. Achorn to the defendant Mead of his farm in the county of Chenango, in trust for the defendant Jemima Achorn who was living with the grantor as his wife at the time of the conveyance.
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The complainants filed their bill in this cause to set aside a conveyance made by A. Achorn to the defendant Mead of his farm in the county of Chenango, in trust for the defendant Jemima Achorn who was living with the grantor as his wife at the time of the conveyance. A. Achorn, previous to his death, made hi's will, by which he gave one fourth of his real and personal estate to the defendant Jemima, during the time she remained his widow, and the residue of his estate he gave to his daughters, the complainants, for life, with remainder to their children in fee. The bill alleged that the deed…
1Opinion of the Court
The Chancellor.
As the trial took place before the new rules were adopted the court may dispense with the provision requiring a case to be made; as no evidence was introduced except the written depositions previously before the court. If, upon the depositions before me on the first hearing, there had been such a decided weight of evidence in favor of the defendants as to authorize me now to set aside this verdict on the same testimony, the feigned issue would not have been directed. I consider the testimony as making out a pretty strong case of fraud and imposition on the part of the defendant…
2Cited by10 opinions
- Musselman v. CravensIndiana Supreme Court · 1874
- Warner v. FlackIllinois Supreme Court · 1917
- Rickman v. MeierIllinois Supreme Court · 1904
- Harbison v. LemonIndiana Supreme Court · 1832
- In re the Estate of ChambersNew York Surrogate's Court · 1920
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