Legal Opinion

Meriam v. Harsen

New York Court of Chancery

Decided April 6, 1847PublishedCited by 27 opinions

This was an appeal from a decree of the late vice chancellor of the first circuit. Cornelius Cozine the elder, who died in 1765, owned a farm at Bloomingdale, containing about 100 acres. By his will he devised it to his five children, Garret, Cornelius, Balaam Johnson, Margaret, the wife of N. Fletcher, and Sarah, the wife of W. Swanston; and the location of the part intended for each was stated in the will.

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This was an appeal from a decree of the late vice chancellor of the first circuit. Cornelius Cozine the elder, who died in 1765, owned a farm at Bloomingdale, containing about 100 acres. By his will he devised it to his five children, Garret, Cornelius, Balaam Johnson, Margaret, the wife of N. Fletcher, and Sarah, the wife of W. Swanston; and the location of the part intended for each was stated in the will. He also owned four lots in Fair-street, now Fulton-street, in the city of New-York; which he devised to his five children equally. But his will contained a contingent limitation over to…

1Opinion of the Court

The Chancellor.

There' is nothing: in this case from: which any court could' be authorized to infer*that the deed ef May, 1790, from Jacob'Harsen áfídíhis wife- te GíáBrier Furm an; ■ was obtained by the- husband by any baud or undue* means p or by taking am unconseientious- advantage of her situation;, and of the -confidence- which she reposed: id Mm. It: was not* the cáse- of a fortune-hunter' manying" are heiress,- and them taking" advantage: of her confidence im him;-even during the-honey-moon, to-defraud her of her* property. Although the: property embraced im that deed? has-…

2Cases cited3 opinions

  1. Stevens v. StevensNew York Supreme Court · 1819
  2. Ridgway v. HaysU.S. Circuit Court for the District of District of Columbia · 1836
  3. M'Ferran v. PowersSupreme Court of Pennsylvania · 1814

3Cited by27 opinions

  1. Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
  2. White v. . WagerNew York Court of Appeals · 1862
  3. Draper v. ShootSupreme Court of Missouri · 1857
  4. Tolman v. JonesIllinois Supreme Court · 1885
  5. Belcher v. WeaverTexas Supreme Court · 1876

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