Hutton v. . Benkard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of October, 1882, which denied a motion made under section 1001 of the Code of Civil Procedure; for a new trial after an interlocutory judgment herein.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of October, 1882, which denied a motion made under section 1001 of the Code of Civil Procedure; for a new trial after an interlocutory judgment herein. This action was brought by plaintiffs as trustees under a trust deed executed to them by Emma Magnin D. Collogny, afterward Emma Strecker, for the settlement of their accounts as trustees, and for the direction of the court as to the disposition of the trust estate. The material facts are stated in the opinion. At common law a…
1Opinion of the CourtEarl, J.
In August, 1869, Emma Strecker owned a-large amount of real and personal property, and desiring to create a trust for her own benefit she made and executed a trust deed, whereby she conveyed all her estate to these plaintiffs, in trust, to convert the same into money at their discretion, to invest and keep the same invested, and to receive the income and profits of the same and apply them, and so much of the principal as they should deem proper to her use during her life; and upon and after her death, to pay and divide the principal of the estate, “ to and among such person or persons, or…
2Cases cited6 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- White v. . HicksNew York Court of Appeals · 1865
- Van Wert v. BenedictNew York Surrogate's Court · 1850
- Heyer v. BurgerNew York Court of Chancery · 1839
- Bolton v. De PeysterNew York Supreme Court · 1857
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3Cited by41 opinions
- Lockwood v. . MildebergerNew York Court of Appeals · 1899
- In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
- Farnum v. Pennsylvania Co. for Insurance on Lives & Granting AnnuitiesNew Jersey Court of Chancery · 1916
- McLean v. McLeanAppellate Division of the Supreme Court of the State of New York · 1916
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
36 more not listed; retrieve them via the Exa API.