New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-11
| sURROGATEs CoURr-sEPT. 1o-Before A. w. baAss

THE EFFECT OF A RI

THE EFFECT or A RELEASE.
In the matter the Estate Caths inc Thuton decese
BY the will OF Catharine Thurston, admitted TO pro-
bate 1880 the income Of her estate given TO her
tai wa. dr et.d TO be divided among her children Letters
issued TO James jenkins one Of the eHsca-
tors and after his ceat James Hop the husband Of the life
tnsnt appointed administrator With the Will amazed the
2h oMsy isss Mrs Horn died in the yea. ltt aud tas
present made by the husband and administrator
Of Mrs Cockcro Of her daughters 70 compel an &C cunt
and Shsq s 3: e. asF bar -.,s
all The parties pereted bearing date the I'd OF August isx
from any, claim OF densud against him sdminlstsor II
the goods chse. aid credits which were o. Catherine
ThUton decreased" The consideration named IN tne re~
am now required determine WHITTIER this release Is br
The should always regard transactions between parent
and child with cent scrutiny 70 see that there Ia, been no
and education afford motive, IN connecou
by children against parents Therefore voluntary con-.
Obligations entered into in order TO promote the general wesrv
.s reasonable snS do not spps.i to
i9 %ys1s z. W cssais -. s'I it, ESsa So
Again il undem pfincp In equity that trustee can
not act Tor his beneht IN any matter connected wn ne
trust lie may purchase from h' e'n, gas trust ous "a M
transaction should b. viewed with the greatest esa
not b. sustained upe there wa. ;oea ,G asG
taken Indeed. Judges Of high authority hsve osc &c,
ebs..s alto eiher flaming .ss D.yooe 20 ,s.s
u early period the rule adopted II ms s.si 4. -
r fully dsef sTsed himself from Office .od placed s%:'
to make fair contract ..ss Chancellor
Kent are set aside without weighing the ,s Sn.s or
on n around of the pAton 70 abuse sne 70
imposition mace to the eye Ct the coun y ~ 80;
- still further Of stesse N1s7 no eese
~ K, b.er GA fapt equity Continues ~ pro.eet9n ese1
-, sory until sucn - the party ma Squfee ~
,a sr sru.oD ,s,sokhou.e sst bsuis.er loVsssy U.s.
x,oo,ds swans I69i Osnund sst fitxroy
Wsis.I sgS 4, u;s. Al. Hois N T. IA Kelboe sst-
- Mol sSl The eesiui que trust IN al cases must -
of al the facts and ocumstsnces and Of the
o the, would be- tres;sd In equity adams sst Clifton,
p.. IN Coekecl szL Cholneley, X and n. 42s Ben
III at Co,y N and 252 Esti Of Chesterfield sEt Jams
..n SVesey. 10; Bower ast East Lender W. Co., hsda
ds). ,.,.
b.wu the parties the execution Ct the release pleaded
III, cause thar II alleged
that the administrator had fled inventory rendered
an secount made Internal exhibit Of the condition.
estate that In directly indirectly so
interests they were signing away Indeed up 60 thus mos
the Court lot informed BY any proCfs whether the
were one CT hundred thousand dosr The effect q the re-
lecss II held valid /. th II the aemindrs'of nsa p
cbsed tne property ard yet purchase undo, saee
woule rot Be upheld In svb.;s.ee me Muse -
bee purchaser u the whole estate beQes
children for the Of dolIsi. without ec.os NE
vslue Of the sse,s snd sill refusing o. this t.ne 70
account This ia the present shape 81 GOO eos.''
sy. o. p'eserted en- the .'rtle pss. " IA rsrcxS-
course whea the sccount 4. rendered, eHs
Caa:es tsuai,l n siScissH ~ ksaA~"s's '''s~