In re Hoysradt
New York Supreme Court
Petition for the removal of a testamentary trustee on the ground that he had made leases .and sold timber and failed to sell. real estate, contrary to his powers and to the terms- of the trust. The trustee interposed a demurrer on the ground that.the petitioners should have moved at the foot of a former decree, granted by the same court in 1880, which ordered the trustee to sell the property.
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Petition for the removal of a testamentary trustee on the ground that he had made leases .and sold timber and failed to sell. real estate, contrary to his powers and to the terms- of the trust. The trustee interposed a demurrer on the ground that.the petitioners should have moved at the foot of a former decree, granted by the same court in 1880, which ordered the trustee to sell the property. The court overruled the demurrer, and the trustee interposed an answer, setting -up the same grounds stated in the demurrer and also admitting the fact of the leases and the sales of timber and excusing…
1Opinion of the CourtEdwards, J.
Abner Hammond died on the 12th day of May, 1849, a resident of Hudson, N. Y., leaving a will whereby, after making a disposition of a portion of his property, he gave to his executors the residue of his estate, hi trust, to receive the rents, issues, profit's and income of the real estate, and “ within á reason- . able and convenient time after ”. his decease, to sell and dispose' of the same; and, “ as soon as they conveniently can,” to sell and dispose of the personal estate and collect all moneys due; and with the proceeds to pay his debts and funeral expenses and invest the-, sum of…
2Cases cited3 opinions
- Quackenboss v. . SouthwickNew York Court of Appeals · 1869
- Newcomb v. KetteltasNew York Supreme Court · 1855
- In re MorganNew York Supreme Court · 1872
3Cited by3 opinions
- Gould v. GouldNew York Supreme Court · 1919
- St. Louis Union Trust Co. v. Van RaalteMissouri Court of Appeals · 1924
- Rankine v. De Veaux CollegeNew York Supreme Court · 1903