L'Amoureux v. Van Rensselaer
New York Court of Chancery
The bill in this cause was filed to charge the separate estate of a feme covert, in the hands of her trustee, with the amount of an order drawn upon the trustee, by- her' husband, in her name. The bill was taken as confessed against all of the defendants, and the case was submitted by the complainant for a decree.
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The bill in this cause was filed to charge the separate estate of a feme covert, in the hands of her trustee, with the amount of an order drawn upon the trustee, by- her' husband, in her name. The bill was taken as confessed against all of the defendants, and the case was submitted by the complainant for a decree. The questions presented by the bill were, whether the feme covert could charge her trust estate in anticipation, under the provisions of the revised statutes; and whether the order-drawn in her name, by her husband, was in conformity with the provisions of the trust deed; which…
1Opinion of the Court
The Chancellor.
The bill states that the consideration of the order was repairs, which had been done by anothér person, on the real estate of Catharine W. Van Rensselaer, then in her occupation, use and enjoyment, with the assent of her husband, and for her use, benefit and convenience. But it is not alleged that the real estate upon which such repairs were made was any part of the trust property originally conveyed to Mr. Rhoades in trust, and now held by Phelps as the substituted trustee. And from the peculiar phraseology of the part of the bill in which the consideration of the order is…
2Cited by4 opinions
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Weaver v. Van AkinMichigan Supreme Court · 1888
- Estate of FreemanSupreme Court of Pennsylvania · 1897
- In re HoytNew York Surrogate's Court · 1887