Version: 4 (current) | Updated: 12/4/2025, 3:12:34 PM
Added description
@connecticut_state_library:organization {name: "Connecticut State Library"}
@new_haven:place {state: "Connecticut", country: @united_states}
@ansonian:place {city: "Ansonia", state: "Connecticut", country: @united_states}
@new_haven_county:place {state: "Connecticut", country: @united_states}
@new_haven_superior_court:organization {location: @new_haven, jurisdiction: @new_haven_county}
@turkey_hill_indians:group {type: "Tribe", location: @new_haven_county}
@howard_j_cur:person {full_name: "Howard J. Curtis", role: "Judge", court: @new_haven_superior_court}
@a_mcclellan_mathewson:person {full_name: "A. McClellan Mathewson", role: "Overseer", tribe: @turkey_hill_indians, residence: @new_haven}
@eunice_a_wakelee:person {full_name: "Eunice A. Wakelee"}
@harriet_e_wakelee:person {full_name: "Harriet E. Wakelee"}
@frederick_c_wakelee:person {full_name: "Frederick C. Wakelee"}
@albert_l_wakelee:person {full_name: "Albert L. Wakelee"}
@eli_h_wakelee:person {full_name: "Eli H. Wakelee"}
@eli_h_wakelee_second:person {full_name: "Eli H. Wakelee, Second"}
@david_wakelee:person {full_name: "David Wakelee"}
@edward_a_harriman:person {full_name: "Edward A. Harriman", role: "Attorney"}
@mathewson_vs_wakelee:case:event {date: @date_1909_11_24, court: @new_haven_superior_court, plaintiff: @a_mcclellan_mathewson, defendants: [@eunice_a_wakelee, @harriet_e_wakelee, @frederick_c_wakelee, @albert_l_wakelee, @eli_h_wakelee, @eli_h_wakelee_second, @david_wakelee]}
@judgment_mathewson_vs_wakelee:document {date: @date_1909_11_24, judge: @howard_j_cur, outcome: "Defendants found; complaint insufficient", case: @mathewson_vs_wakelee}
@appeal_mathewson_vs_wakelee:document {date: @date_1910_01_19, appellant: @a_mcclellan_mathewson, court: "Supreme Court of Errors", location: @new_haven, attorney: @edward_a_harriman, amount_conditioned: 100, condition: "Plaintiff must prosecute appeal and pay costs"}
@volume_62:document {type: "Court Reporter Volume", identifier: "62"}
@mathewson_vs_webster:case:event {date: @date_1909_??_??, court: @new_haven_superior_court, plaintiff: @a_mcclellan_mathewson, defendant: @emme_a_webster, role: "Commissioner"}
@judgment_mathewson_vs_webster:document {date: @date_1909_??_??, case: @mathewson_vs_webster, recorded_in: @volume_62}
@trust_law_commentary:document {title: "Trust Law Commentary", references: ["Pomeroy's Eq., 3rd Ed., Vol. 3 p. 2019", "Perry on Trusts Vol. 2 Sec. 89-8", "Davis v. Van Osmond, 145 Ct. 600"]}
@memorandum_mathewson:document {title: "Memorandum", author: @a_w_c_mathewson, date: @date_1909_10_27, subject: "Trust fund incorporation"}
@a_w_c_mathewson:person {full_name: "A. W. C. Mathewson", role: "Overseer"}
@indigenous_cases_collection:document {title: "New Haven County Superior Court Judgments - Indigenous Cases Collection", type: "Collection", creators: [@howard_j_cur, @a_mcclellan_mathewson], institution: @connecticut_state_library, created: @date_1909, language: "en", subjects: ["Indigenous cases", "Turkey Hill Indians", "New Haven County Superior Court", "Judgments", "Legal disputes", "Trust funds"], description: "Collection of court judgments and related documents from the New Haven County Superior Court involving Indigenous cases, specifically the Mathewson vs. Wakelee case regarding the Tribe of Turkey Hill Indians.", places: [@new_haven, @ansonian]}
@file_pinax -> describes -> @indigenous_cases_collection
@file_rg003_nhsc_baai_ps_indigenouscases_mathewsonvswakelee_016_jpg -> depicts -> @judgment_mathewson_vs_wakelee
@file_rg003_nhsc_baai_ps_indigenouscases_mathewsonvswakelee_017_jpg -> depicts -> @appeal_mathewson_vs_wakelee
@file_rg003_nhsc_baai_ps_indigenouscases_mathewsonvswakelee_018_jpg -> depicts -> @judgment_mathewson_vs_webster
@file_rg003_nhsc_baai_ps_indigenouscases_mathewsonvswakelee_019_jpg -> contains -> @trust_law_commentary
@file_rg003_nhsc_baai_ps_indigenouscases_mathewsonvswakelee_020_jpg -> contains -> @memorandum_mathewson
@nhsc_baaI_cases_papers_subject:concept {definition: "Subject terms for New Haven County Superior Court files involving Black, African American, and Indigenous cases"}At a Superior Court held at New Haven in and for New Haven county on the fifth day of November, A.D. 1909. Present, Hon. Howard J. Curtis, Judge. A. McClellan Mathewson, of New Haven, Overseer of the Tribe of Turkey Hill Indians, residing in New Haven county vs Eunice A. Wakelee, Harriet E. Wakelee, Frederick C. Wakelee, Albert L. Wakelee, Eli H. Wakelee, known as Eli H. Wakelee, Second, and David Wakelee, all of Ansonia. New Haven county, Superior Court, November 24, 1909. JUDGMENT. This action by complaint claiming a decree ascertaining the amount due from the estate of Watrous C. Wakelee, late of Ansonia, deceased, to the plaintiff, by reason of the failure of said Watrous C. Wakelee to account for the sum of $960 received by him as Overseer of said Tribe of Turkey Hill Indians; and requiring each of the defendants to account for said sum to the extent that each defendant has received any portion of said Watrous C. Wakelee's estate by inheritance, devise or gift; and judgment against each defendant for the amount found due from him to the plaintiff on such accounting, came to this court on the first Tuesday in September, 1909, and thence to the present time when the parties appeared and were at issue upon the demurrer to the plaintiff's complaint, as on file. The court having heard the parties found for the defendants and that said complaint was insufficient.
And said case 2 having come to the present time, and whereupon the plaintiff, having refused to amend his complaint, it is adjudged that the defendants recover of the plaintiff their costs taxed at thirty six dollars. By the court, [signature] Clerk. From this judgment the plaintiff appeals to the Supreme Court of Errors to be held at New Haven on the Third Tuesday of January, 1910, and Edward A. Harriman, Esq. of New Haven is recognized in the sum of $100 conditioned that the said plaintiff shall prosecute said appeal to effect, and pay all costs therein if he shall fail to do so.
6346. A. McClellan Mathewson, Com'r vs Emmie A. Webster, Sta's Judgment Judgment Recorded in Volume 62
In the Com. v. Co. Adviser, 649 Ct. 445 the ruling of the Court is based on the assumption that the trust property although not capable of identification in specie was incorporated in the property held by the defendant Adviser. Pomeroy's Eq., 3rd Ed., Vol. 3 p. 2019 Perry on Trusts Vol. 2 Sec. 89-8 The facts alleged do not bring the claim in my judgment under the ruling of Davis v. Van Osmond, 145 Ct. 600. The original Overseer when he died was either the holder of trust property or the debtor to the trustee, the trust beneficiaries. If there was a claim against the estate it was in existence at his death. The demurrer is sustained upon the third and fourth grounds. Custer J.
A. W. C. Mathewson Overseer Superior Court New Haven County Ernice A. Walker et al. October 27th, 1909 Memorandum If the allegations of this complaint were equivalent to an allegation that the specific trust fund had become incorporated in any specific property held by volunteers (by gift or inheritance) from the original overseer, the question of such would be left for the decision of the trial court under all the facts that might be developed. I do not find the complaint to contain the allegation above referred to. The claim as presented there and in the argument appears to be that of the original overseer left any property it was necessarily charged with the trust in the hands of any volunteer who might receive it. That I think is a mistaken view of the law.
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