Cuthbert v. . Chauvet
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 15, 1892, which affirmed an order of Special Term directing the appellant, as administrator, with the will annexed, and as trustee under the will of Francis W. Lasalc, deceased, to join in a compromise agreement signed by all the other parties interested. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 15, 1892, which affirmed an order of Special Term directing the appellant, as administrator, with the will annexed, and as trustee under the will of Francis W. Lasalc, deceased, to join in a compromise agreement signed by all the other parties interested. The facts, so far as material, are stated in the opinion. The Supreme Court has no power to compel a testamentary trustee to enter involuntarily and against its own judgment into such an agreement as a matter of compromise, the effect…
1Opinion of the CourtMaynard, J.
The appellant, who is the trustee of certain express trusts of real property, under the will of Francis W. Lasak, deceased, has been authorized and directed by the order of the Supreme Court to enter into a stipulation, which provides that a judgment shall be entered adjudging the will void as a will of real property, and thus annihilating the real estate trusts created by it. We know of no power possessed by any court to compel a trustee to consent to a destruction of the trust, and the statutes of this state have denied tc a trustee the power to do any act of his own volition which will…
2Cases cited4 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Wood v. WoodNew York Court of Chancery · 1836
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Cruger v. JonesNew York Supreme Court · 1854
3Cited by51 opinions
- South Norwalk Trust Co. v. St. JohnSupreme Court of Connecticut · 1917
- Olsen v. YoungermanSupreme Court of Iowa · 1907
- Peiter v. DegenringSupreme Court of Connecticut · 1949
- Ainsa v. Mercantile Trust Co.California Supreme Court · 1917
- Anderson v. WilliamsIllinois Supreme Court · 1914
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