Legal Opinion

In re Taylor

New York Court of Chancery

Decided August 2, 1842PublishedCited by 41 opinions

This case came before the court upon exceptions to the report of a master, to whom it was referred to inquire and report who were the next of kin and heirs apparent of B„ Taylor, a lunatic, and also to report who was or were the most proper person or persons to be appointed the committee of his estate.

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This case came before the court upon exceptions to the report of a master, to whom it was referred to inquire and report who were the next of kin and heirs apparent of B„ Taylor, a lunatic, and also to report who was or were the most proper person or persons to be appointed the committee of his estate. From the testimony before the master it appeared that Taylor was married to his first wife in 1797, and had by her four daughters; the youngest of whom was born in July, 1803, about seven weeks before the death of her mother. At the death of the first Mrs. Taylor, in September, 1803, Anne…

1Opinion of the Court

The Chancellor.

The principal and most important question in this case, so far at least as the feelings of the children of the second Mrs. Taylor are concerned, although it is but incidental to the decision of the question wdio shall be the committee of the estate of the lunatic, is as to their legitimacy. Upon that question, however, from the evidence in the case, I think there is no ground to doubt that there was an actual marriage, by a contract in prasentí, between B. Taylor and Ann Connel, as early as 1804 ; although there is no proof that a marriage ceremony, in the usual form, actually…

2Cases cited1 opinion

  1. Fenton v. ReedNew York Supreme Court · 1809

3Cited by41 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Hutchins v. KimmellMichigan Supreme Court · 1875
  3. Eisenlord v. . ClumNew York Court of Appeals · 1891
  4. Teter v. TeterIndiana Supreme Court · 1885
  5. Newcomb v. StateMississippi Supreme Court · 1872

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