Legal Opinion

Bellinger v. Shaper

New York Court of Chancery

Decided January 10, 1845PublishedCited by 4 opinions

The bill in this cause was filed to foreclose a mortgage executed by Jerome Shafer to the complainant, upon an equal undivided third part of a farm of one hundred and sixty-seven acres, situate in the town of Cobleskill in the county of Schoharie, dated May 27th, 1839. The defendants, besides Shafer, were the trustees named in a deed of the whole farm, executed by Peter Shafer and Angelica his wife, on the 16th day of February, 1829. By that deed, the grantors in…

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The bill in this cause was filed to foreclose a mortgage executed by Jerome Shafer to the complainant, upon an equal undivided third part of a farm of one hundred and sixty-seven acres, situate in the town of Cobleskill in the county of Schoharie, dated May 27th, 1839. The defendants, besides Shafer, were the trustees named in a deed of the whole farm, executed by Peter Shafer and Angelica his wife, on the 16th day of February, 1829. By that deed, the grantors in consideration of natural love and affection for the seven infant children of their son Jacob, as also for the better maintenance,…

1Opinion of the Court

The Assistant Vice-Chancellor.

The trust in the deed executed by Peter Shafer to Spraker and others, was undoubtedly valid.

I am equally clear in my conclusion as to its effect. The trustees were to hold the land for the support, maintenance and education of the seven grandchildren, until the four granddaughters respectively arrived to the age of twenty-one years or should be married ; and upon that event, to the further use and behoof in fee simple of the three grandsons.

The object of the trust was, to devote the farm to the support of the seven children until all the daughters were married or…

2Cases cited2 opinions

  1. In re DekayNew York Court of Chancery · 1834
  2. Eckford's Executors v. De KayNew York Supreme Court · 1841

3Cited by4 opinions

  1. Dickinson v. ConniffSupreme Court of Alabama · 1880
  2. Sterricker v. DickinsonNew York Supreme Court · 1850
  3. Sterricker v. DickinsonNew York Supreme Court · 1850
  4. Estate of FreemanSupreme Court of Pennsylvania · 1897

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