Ungrich v. Ungrich
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 11,1910, which affirmed an order of Special Term directing payment to the petitioner of certain income due under the terms of a trust created by the will of Henry Ungrich, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 11,1910, which affirmed an order of Special Term directing payment to the petitioner of certain income due under the terms of a trust created by the will of Henry Ungrich, deceased. The facts, so far as material, are stated in the opinion. The levy made by the sheriff upon the execution issued on the judgment against the plaintiff is a lieu upon this income which should have defeated this motion. (Hallett v. Thompson, 5 Paige, 583; Clute v. Bool, 8 Paige, 82; De Graw v.…
1Opinion of the Court
Cullen, Ch. J.
The plaintiff, who is the equitable life tenant under a trust created by the will of his father, brought an action against the appellants to have them removed as trustees for alleged misconduct as such and for an accounting. The action, after a long litigation, was decided in favor of the defendants therein and the complaint was dismissed. From that judgment the plaintiff appealed to the Appellate Division, which appeal is still pending. After the judgment in the action the plaintiff presented a petition to the Supreme Court with the double title which prefaces this opinion,…
2Cases cited5 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Gardner v. . GardnerNew York Court of Appeals · 1882
- Matter of WilliamsNew York Court of Appeals · 1907
3Cited by32 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Syracuse Engineering Co. v. HaightCourt of Appeals for the Second Circuit · 1940
- Matter of Sand v. BeachNew York Court of Appeals · 1936
- In Re Trust Created by HydeNew York Court of Appeals · 2010
- Cogswell v. WestonMassachusetts Supreme Judicial Court · 1917
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