Eckford v. De Kay
New York Court of Chancery
This was an application for leave to examine M. Eckford and C. P. Clinch, two of the complainants, as witnesses against the defendants G. C. De Kay and wife, for the purpose of establishing the allegations in the bill of complaint. The decedent gave to his daughter Mrs. Drake an absolute deed of certain real estate in t{ie city of New-York; the legal title to which, upon her death, descended to her daughter Janet H. the wife of J. C. De Kay.
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This was an application for leave to examine M. Eckford and C. P. Clinch, two of the complainants, as witnesses against the defendants G. C. De Kay and wife, for the purpose of establishing the allegations in the bill of complaint. The decedent gave to his daughter Mrs. Drake an absolute deed of certain real estate in t{ie city of New-York; the legal title to which, upon her death, descended to her daughter Janet H. the wife of J. C. De Kay. This deed, as alleged in the complainants’ bill, was intended only as a mortgage to secure a debt due to the estate of the father of Janet H. De Kay, the…
1Opinion of the Court
The Chancellor.
Without expressing an opinion upon the question whether an executor in trust can be examined as a witness for the purpose of increasing the trust estate, as to which there appears to be some doubts in the courts of England, I am satisfied that Mrs. Eckford is not a competent witness in the present suit, even if the technical objection that she is a party did not exist. The sole object of the suit is to change what purports to be an absolute deed, from H. Eckford and his wife, into a mortgage; and to be permitted to redeem it as such. If the deed stands, her dower right in the…
2Cited by11 opinions
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1843
- Texas v. ChilesSupreme Court of the United States · 1875
- Robinson v. MandellU.S. Circuit Court for the District of Massachusetts · 1868
- In re the Judicial Settlement of the Accounts of BoltonNew York Surrogate's Court · 1897
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