Legal Opinion

Buchanan v. Buchanan

Supreme Court of New Jersey

Decided February 9, 1909PublishedCited by 30 opinions

On appeal from a decree of tbe court of chancery advised by Yice-Chancellor Learning, whose opinion is reported in 73 N. J. Eq. (3 Buck.) Sli-ff

1Opinion of the Court

The opinion of the court was delivered by

Dill, J.

This suit was brought in equity by the heirs-at-law and next of kin of Dr. John Buchanan, deceased, to impress a trust ex maleficio upon certain real and personal property in the possession of the defendant, which it was claimed was derived from or purchased with moneys embezzled from the decedent. The complainants allege in their bill that they are the only next of kin of the late Dr. Buchanan; that at his death he owed no bills; that no letters of administration were taken out on his estate; that Dr. Buchanan was the owner of and conducted a…

2Cases cited12 opinions

  1. Jenkins v. FreyerNew York Court of Chancery · 1833
  2. Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
  3. Grammel v. CarmerMichigan Supreme Court · 1884
  4. Flynn v. FlynnMassachusetts Supreme Judicial Court · 1903
  5. Somervaill v. McDermottWisconsin Supreme Court · 1903

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3Cited by30 opinions

  1. Holland v. McCarthyCalifornia Supreme Court · 1918
  2. Turk v. GrossmanCourt of Appeals of Maryland · 1939
  3. Rummens v. Guaranty Trust Co.Washington Supreme Court · 1939
  4. Michigan Trust Co. v. City of Grand RapidsMichigan Supreme Court · 1933
  5. Owens v. OwensSupreme Court of Minnesota · 1940

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