Wright v. Tallmadge
New York Court of Appeals
Appeal by the plaintiff from a judgment of the Supreme Court. The object of the suit was to procure a judgment setting aside, or reforming and correcting, a marriage settlement, of the property of the plaintiff, executed prior to her intermarriage with Henry Allen Wright, one of the defendants in this case.
Read the full summary
Appeal by the plaintiff from a judgment of the Supreme Court. The object of the suit was to procure a judgment setting aside, or reforming and correcting, a marriage settlement, of the property of the plaintiff, executed prior to her intermarriage with Henry Allen Wright, one of the defendants in this case. The plaintiff, before her marriage with Mr. Wright, was the widow of John Auchmuty, and was seized and possessed of a considerable real and persona’ estate, derived by devise or inheritance from her parents The marriage articles bear date the 24th April, 1848, and pur port to have been…
1Opinion of the CourtDenio, C. J.
One of the points relied upon by the appellant’s counsel to show that these marriage articles do not contain the settlement intended and agreed on by the parties is, that the power of appointment, professed to be conferred upon Mrs. Wright, is void by the provisions of the Revised Statutes, and that the estate, in the absence of issue of the marriage, must eventually go to her nephews and nieces, whatever may be her wishes in respect to the succession. If such were the effect of the instrument, I should find little difficulty in saying that it did not express her intentions; for I cannot…
2Cited by2 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- Wright v. PhippsU.S. Circuit Court for the District of Eastern New York · 1898