Claim of Wilbur v. Estate of Warren
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department entered upon an order made April 17,1886, which affirmed a decree of the surrogate of Chautauqua county, allowing a claim of Betsey B. Wilbur, administratrix of the estate of her father, Enos Warren, deceased, against said estate. (Reported below, 40 Hun, 203.) The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department entered upon an order made April 17,1886, which affirmed a decree of the surrogate of Chautauqua county, allowing a claim of Betsey B. Wilbur, administratrix of the estate of her father, Enos Warren, deceased, against said estate. (Reported below, 40 Hun, 203.) The material facts are stated in the opinion. The consideration.of love and affection will not support an executory contract. (2 Kent’s Com. 465; Pearson v. Pearson. 7 Johns. 26; Fink v. Cox, 18 id. 145; Harris v. Clark, 3 N. Y. 93; 2 Barb.…
1Opinion of the CourtAndrews, J.
The General Term sustained the decree of the surrogate, allowing the claim of Betsy B. Wilbur against the estate of her father, Enos Warren, for the amount of interest paid by her on the mortgage executed by her husband, Riley Wilbur, to Mary D. - Miller, on the land subsequently conveyed by the mortgagor to Enos Warren, and by him to his daughter, on the ground that it was paid on his debt to protect her title to the land.
The facts may be briefly stated. In 1866, the land now owned by the claimant being a farm of about ninety acres, was purchased by and conveyed to Riley Wilbur. On the 2d of…
2Cases cited5 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Halsey v. ReedNew York Court of Chancery · 1842
- King v. WhitelyNew York Court of Chancery · 1843
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
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- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Gregory v. ArmsIndiana Court of Appeals · 1911
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