Sweet v. Jacocks

Citations

• 6 Paige Ch. 355
• 1837 N.Y. LEXIS 301
• 1837 N.Y. Misc. LEXIS 85

Syllabus

<p>Whore a feme covert, after having two children by her husband, abandoned him and lived in adultery with J., during which time she had eight other children supposed to be the children of J., and then died, after which time her father died intestate leaving a large real and personal estate, the whole of which was claimed by the two first children, and a part of which was also claimed by J., acting in behalf of the eight younger children; and thereupon a compromise was effected, in consequence of which the two first children released eight tenths of the property to J., for the benefit of the others, but the conveyance on its face was absolute to J., who never gave any declaration of trust; and afterwards the estate was partitioned and eight tenths thereof set off to J.; Held, that the beneficial interest in that portion ofthe property which was released to J. belonged to the eight younger children, and that J., could not set up their illegitimacy as a defence to their claim; and thatthe legal liens of judgment creditors of J. upon the property could not prevail against the equitable claim of such children.</p> <p>Where a person undertakes to act for another, he is not allowed to deal in the subject matter of such agency on his own account and for his own benefit. And if such agent takes a conveyance in his own name of an estate which he undertook to obtain for another, he will in equity be considered as holding the estate in trust for his principal for whom he undertook to act as agent in the purchase.</p> <p>Where a fund is in court, arising from the surplus monies in a foreclosure suit, or is in the hands ofthe officers of the court, it is a matter of discretion with the court to direct a bill to be filed to ascertain the rights of conflicting claimants, or to settle their rights upon a reference to a master. And a claimant who has obtained a reference to ascertain his right to such surplus cannot afterwards object to the claims of other persons, as improper to be