Strong v. Dutcher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theron G. Strong, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of' the clerk of the county of Kings on the 3d day of December, 1918, denying his motion for judgment on the pleadings consisting of the complaint and a demurrer thereto and granting the cross motion of the defendant, George G. Dutcher, as trustee, for the same relief.
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Appeal by the plaintiff, Theron G. Strong, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of' the clerk of the county of Kings on the 3d day of December, 1918, denying his motion for judgment on the pleadings consisting of the complaint and a demurrer thereto and granting the cross motion of the defendant, George G. Dutcher, as trustee, for the same relief. The plaintiff, an attorney and counselor at law, brought this suit in equity to charge a trust fund in possession of the defendant Dutcher as surviving trustee, etc., with the sum of…
1Opinion of the Court
Kelly, J.:
This appeal presents the question whether the life tenant, the cestui que trust, was warranted in retaining the plaintiff, a lawyer, to preserve the trust fund independently of the trustee, and whether in doing so she acted for the common interest; whether through plaintiff's services the fund was preserved or benefited; whether acting for the common interest the cestui que trust had the right in equity to a lien on the fund for the legal expenses thus incurred, and whether such lien was transferred to the plaintiff, appellant, to assure payment to him for his services.
In Trustees…
2Cases cited4 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- New v. . NicollNew York Court of Appeals · 1878
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Schoenherr v. . Van MeterNew York Court of Appeals · 1915
3Cited by11 opinions
- Cullinan v. Mercantile Trust Co.California Court of Appeal · 1926
- In re the Estate of PelgramNew York Surrogate's Court · 1933
- In re RooseveltNew York Supreme Court · 1928
- Lazenby v. CodmanCourt of Appeals for the Second Circuit · 1940
- In re the Estate of BoulwareNew York Surrogate's Court · 1932
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