Yale v. . Dederer
New York Court of Appeals
Appeal from the Supreme Court. Action to charge the separate estate of Mrs. Dederer, a married woman, with the payment of a promissory note which she had signed with her husband, N. A. Dederer, who was a party defendant, On the trial at special term in Chenango county, before Mr. Justice Mason, it was proved that the consideration of the note was the price of thirty-eight cows, purchased bj Mrs. Dederer’s husband of the plaintiff.
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Appeal from the Supreme Court. Action to charge the separate estate of Mrs. Dederer, a married woman, with the payment of a promissory note which she had signed with her husband, N. A. Dederer, who was a party defendant, On the trial at special term in Chenango county, before Mr. Justice Mason, it was proved that the consideration of the note was the price of thirty-eight cows, purchased bj Mrs. Dederer’s husband of the plaintiff. Mrs. Dederer, at the time of the sale and of the giving of the note, owned three farms in different towns of Chenango county, and had during the same time personal…
1Opinion of the Court
If we assume that the lands of Mrs. Dederer, the appellant, which the plaintiff seeks to charge as her separate estate, are held under a trust for her separate use, and if the trust was created since 1830, the judgment appealed from is erroneous for reasons depending on that assumption alone. By the law of uses and trusts, as revised in that year (1 R.S., pp. 728, 729), there can be no express trusts in lands except such as the statute (§ 55) authorizes, and, in respect to those, it is declared (§ 60) that "every express trust, valid in its creation (except as otherwise provided for), shall…
2Cases cited3 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Dyett v. North American Coal Co.New York Supreme Court · 1838
3Cited by96 opinions
- Yale v. . DedererNew York Court of Appeals · 1860
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
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