Legal Opinion

Borland v. . Welch

New York Court of Appeals

Decided February 27, 1900PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department entered March 25, 1899, reversing a judgment in favor of plaintiff entered upon the report of a referee, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department entered March 25, 1899, reversing a judgment in favor of plaintiff entered upon the report of a referee, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The provisions of the marriage settlement show an intention to subject to its provisions all the property of Sarah Lloyd Coit, in possession or after acquired', including any property acquired after the death of her husband. Even if the trust agreement is silent as to the…

1Opinion of the CourtCullen, J.

In 1838 Sarah Lloyd Borland, in contemplation of her marriage with Henry Coit, which subsequently took place, entered into a deed or contract with him and certain trustees, in the nature of a marriage settlement. By this deed Miss Borland conveyed to the trustees all her estate, real and personal, derived or to be derived from the will of her grandfather, then deceased, and “which she may at any time or times hereafter derive either by devise, descent, distribution, gift or otherwise howsoever, from any source or sources, person or persons whatsoever or whomsoever, other than the said party…

2Cases cited6 opinions

  1. Todd v. . WeberNew York Court of Appeals · 1884
  2. Durnherr v. . RauNew York Court of Appeals · 1892
  3. Johnston v. . SpicerNew York Court of Appeals · 1887
  4. Kribbs v. . AlfordNew York Court of Appeals · 1890
  5. Buchanan v. . TildenNew York Court of Appeals · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Seaver v. . RansomNew York Court of Appeals · 1918
  2. Phalen v. . United States Trust Co.New York Court of Appeals · 1906
  3. Case v. . CaseNew York Court of Appeals · 1911
  4. In re the Transfer Tax Upon the Estate of SchmollAppellate Division of the Supreme Court of the State of New York · 1920
  5. Everdell v. HillAppellate Division of the Supreme Court of the State of New York · 1901

5 more not listed; retrieve them via the Exa API.

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