In re Leefe
New York Court of Chancery
This case will be best understood from the petition of Edward B. Leefe and Caroline M. his wife, which was presented to the chancellor and referred by his order to the vice-chancellor to be heard.
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This case will be best understood from the petition of Edward B. Leefe and Caroline M. his wife, which was presented to the chancellor and referred by his order to the vice-chancellor to be heard. The petition stated, that, as they were informed and believed, one Thomas Marston, late of the city of New York but now deceased, being possessed of an unexpired term of fifty years in the premises hereinafter mentioned by virtue of a certain indenture of lease made to him by the vestry of the episcopal church of St. Peters in Westchester county, state of New York, did, on the twenty-sixth day of…
1Opinion of the Court
The Vice-Chancellor :
Although the legal title to the leasehold property in question is vested in the assistant register ex officio, yet, he can claim no beneficial interest or ownership in the property for himself. He is merely a trustee ; and during the life of Mrs. Currie she was cestui que use and enjoyed the property. At her death, it would have gone to Mary Bunn Marston, had she lived ; and the assistant register must have conveyed it to her absolutely and, thus, would have terminated the trust. Mary Bunn Marston had married, however, and died before her mother, Mrs. Currie, leaving no…
2Cited by1 opinion
- Omnium Investment Co. v. North American Trust Co.Supreme Court of Kansas · 1902