Opinion

Pinkinson v. Pinkinson

  • 93 N.J. Eq. 583
  • 8 Stock. 583
  • 117 A. 48
  • 1922 N.J. Ch. LEXIS 56
Court
New Jersey Court of Chancery
Filed
Mar 18, 1922
Status
Published
Author
Foster
On the bench
Foster
Cited by
4 cases
Authority
More cited than 62.5%

The opinion

Foster, V. C.

Complainant seeks to establish that the titles to certain properties on Kinney street, Newark, and on Park and Snyder streets, Orange, are held by the defendant Fannie Pinkinson, *584 in trust for her son, the defendant Jacob Pinkinson, who is the husband of complainant, and, between whom there is now pending in this court a suit for separate maintenance; and complainant also seeks to have her inchoate right of dower in these premises established and protected on the authority of Brown v. Brown, 82 N. J. Eq. 40.

The evidence is convincing that Jacob Pinkinson purchased and paid for the Kinney street property and caused the title thereto to be placed in Inis mother’s name, and on these facts the implication of law is that the grantee took this conveyance in trust for her son, the person who furnished the pirrehase-money, and no attempt has been made to rebut this presumption. Baldwin v Campfield, 8 N. J. Eq. 891; Cutler v. Tuttle, 19 N. J. Eq. 549 (at p. 562).

The evidence relating to the payment of the purchase price :for the Orange propertj^ is too uncertain and incomplete to justify the conclusion that Jacob paid this money and contracted for the purchase of this property in the name of Miss Blumen, and later had its title placed in his mother’s name.

To establish her case complainant must show that Fannie Pinkinson holds title to one or both properties for the use of Jacob (Yeo v. Mercereau, 18 N. J. Law 387), or that Jacob having purchased and paid for the |oroperties, fraudulently, for the purpose of depriving his wife of her dower interest therein, caused the lands to be conveyed to his mother. Brown v. Brown, supra, and cases cited.

Complainant has established her contention respecting the Kinney street propert3r, and a decree' will be advised accordingly.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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