Groshon v. Lyon
New York Supreme Court
This was an appeal by the plaintiffs from an order made at a special term, denying their motion to set aside the report of a referee and for a new trial.
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This was an appeal by the plaintiffs from an order made at a special term, denying their motion to set aside the report of a referee and for a new trial. The action was brought for the purpose of having the defendant removed as trustee of certain property in which the plaintiffs claimed a beneficial interest, and another person appointed in his place; and the coinplaint prayed that the defendant might account for all the trust property received by him, or which he might have received if he had performed the trusts according to the directions concerning the management thereof, together with…
1Opinion of the Court
By the Court, Mitchell, J.
Augustus Van Cortlandt, the elder, died in 1823, leaving a last will and codicils. In the last codicil, Augustus Van Cortlandt the younger was appointed trustee for Mrs. Meyer and her children. He died, leaving those trusts unexecuted, the fund amounting to about $23,500. In November, 1840, on the petition of Mrs. Meyer, Mr. Lyon was appointed trustee under the last codicil. The property of Augustus Van Cortlandt the younger, and of his brother Henry, consisted principally of real estate, and proceedings were had in chancery for its partition and for the payment of…
2Cases cited2 opinions
- Rogers v. KingNew York Court of Chancery · 1840
- Clowes v. Van AntwerpNew York Supreme Court · 1848
3Cited by35 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
- Cornell v. BonsallAppellate Division of the Supreme Court of the State of New York · 1917
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1899
- Gould v. GouldNew York Supreme Court · 1919
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