van Tine v. van Tine

• Decision Date: 12 September 1888
• Parties: VAN TINE v. VAN TINE et al.
• Court: New Jersey Court of Chancery

15 A. 249

VAN TINE

v. VAN TINE et al.

Court of Chancery of New Jersey.

September 12, 1888.

Bill for partition.

J. V. Be Mott, for complainant. J. R. Hadderiberg, for J. C. Van Tine. J. S. Voorhees, for Jessie A. Van Tine.

BIRD, V. C. Isaac Van Tine filed his bill for the partition of a city lot between himself and his brothers and sisters and Jessie Ada Van Tine, a niece. Jessie was made a party, because she was the owner of a share of one of the brothers by purchase. But Jessie claims more. She files her answer and cross-bill, and alleges that she is in equity entitled to the whole estate as against all her uncles and aunts.

FACTS.

Peter Van Tine was Jessie's father. He married in New Jersey, and soon moved west. In 1864 his wife died, leaving him three children, of whom Jessie was one, the youngest, and only a few months old. He brought the children to New Jersey. Jessie he gave to Mrs. Stryker, a sister, who was childless, with the full understanding between them that Mrs. Stryker would take her as her own child, and provide for her, and bring her up as her own. It was, to all intents and purposes, as full and complete a surrender of the rights of the father in or to the child as it were possible for him to make without a writing. It was also as complete an acceptance of the child on the part of the aunt, coupled with every fair, just, and reasonable obligation to treat her as her child in all respects, as could be effected without writing. Mrs. Stryker immediately took charge of the child, treating her in every regard as her own. In about two years thereafter the father remarried, came again to New Jersey, and desired to take possession of his children, requesting Mrs. Stryker to give up Jessie, which Mrs. Stryker refused to do. Securing one of his other children, whom he had previously left, he returned to his home, in the west, without Jessie. When Jessie was about eight years old, Mrs. Stryker presented her for baptism, in a Presbyterian church, at the time when a number of other children were presented, and had her baptized in and by the name of Jessie Ada Stryker, by which name she always called her, and by which she had always been called by her neighbors and relatives. From the time of her baptism onward until Jessie was about 18 years old, she was called by the name of Stryker by Mrs. Stryker, and Jessie called Mrs. Stryker "mother," and the husband of Mrs. Stryker she called "father." Until that time Jessie did not know any better. Mrs. Stryker was often urged to inform Jessie of the facts, but she not only refused to let Jessie know the real situation, but always manifested a good deal of solicitude lest she might learn her parentage. At length, through the influences of her friends and relatives, she informed Jessie who her parents were. When Jessie was about 21 years of age, she spoke to her aunt, Mrs. Stryker, about learning a trade, and expressed a desire to do so, when Mrs. Stryker objected, and said to Jessie that there was no necessity for it, as she had enough for them both. Mrs. Stryker then, as on other occasions, said to Jessie she would be provided for after her death, as she would have enough for her, and, further, that if Jessie would stay with her all of her property she would give to Jessie. Mrs. Stryker often said to an intimate friend that Jessie was to have all of her property, and also that she did not want Jessie to learn a trade, as she had enough for them both, and this last conversation and declaration of Mrs. Stryker was after Mrs. Stryker had purchased the lot now in question. Jessie's father visited New Jersey at least twice, and on each occasion was anxious that his sister should, in some formal manner, adopt Jessie as her child, so that in case of Mrs. Stryker's death Jessie would certainly get all of her property, and urged this step on Mrs. Stryker; but Mrs. Stryker refused to do it. In the year 1873 Jessie's father wrote to Mrs. Stryker, urging her to make the obligation she had assumed towards Jessie more definite; but to this letter the father got no reply. This letter, the presumption is, reached Mrs. Stryker; and the presumption is, since the father received no reply, that she did not answer it directly; but there is a fact in the case that may well be taken as indicating that that letter quickened Mrs. Stryker to the performance of what she no doubt regarded as an obligation on her part towards Jessie; for it appears that in the month of October of that same year she made her will, in which she gave all of her personal estate to Jessie, at which time she had nothing but personal estate. She survived this event 14 years without destroying her will so made, and without changing the nature of her estate...