Graff v. . Bonnett
New York Court of Appeals
This is an appeal by the plaintiff from a judgment of the Superior Court of the city of New York, in favor of the defendants, rendered upon a demurrer to the complaint. The complaint alleges that by virtue of certain proceedings supplementary to execution, the plaintiff was, prior to the commencement of this action, appointed receiver of all the debts,, property, equitable interests, rights and things in action, of William H. Bonnett.
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This is an appeal by the plaintiff from a judgment of the Superior Court of the city of New York, in favor of the defendants, rendered upon a demurrer to the complaint. The complaint alleges that by virtue of certain proceedings supplementary to execution, the plaintiff was, prior to the commencement of this action, appointed receiver of all the debts,, property, equitable interests, rights and things in action, of William H. Bonnett. (William H. Bonnett is made a party defendant in this action as one of the executors of Peter Bonnett, deceased, but not as the judgment debtor.) That Peter…
1Opinion of the CourtHogeboom, J.
Although the terms of the will are not set forth in the complaint with any degree of detail, there is enough stated to justify the conclusion that the fund from which the annuity to William H. Bonnett is payable, was given to the executors m trust for that purpose, to invest the same and to make such payments to the annuitant from the income thereof during his life. The executors are the trustees of this fund, and William H. Bonnett is the cestuñ que trust, and it is a «trust of personal property. The theory of the complaint unquestionably is, that the interest of the cestui que trust in this…
2Cases cited10 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Everitt v. . EverittNew York Court of Appeals · 1864
- Gott v. CookNew York Court of Chancery · 1839
- Hallett v. ThompsonNew York Court of Chancery · 1836
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3Cited by65 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Lent v. . HowardNew York Court of Appeals · 1882
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Williams v. . ThornNew York Court of Appeals · 1877
60 more not listed; retrieve them via the Exa API.