Hawley v. Ross
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the third circuit. Previous to the marriage of the widow of R. James deceased, with the defendant W. E. Ross, a deed of settlement was executed, by which her estate was conveyed to S. S. Treat as trustee for her separate use.
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This was an appeal from a decree of the late vice chancellor of the third circuit. Previous to the marriage of the widow of R. James deceased, with the defendant W. E. Ross, a deed of settlement was executed, by which her estate was conveyed to S. S. Treat as trustee for her separate use. An agreement was also entered into between her and W. James the father of her late husband, by which each was to execute a bond to the other as trustee for her three infant children by her late husband ; conditioned to pay ten thousand dollars for the use of such children, or the survivor of them, in equal…
1Opinion of the Court
The Chancellor.
Had it not been for the recent decision of the court for the correction of errors, I should have had no doubt that the order or direction of Mrs. Ross to her trustee to pay the amount of the bond when it should become due, out of her separate estate in the hands of her trustee, and his written acknowledgment of the receipt of the order, was sufficient to create an equitable appropriation of a part of that fund to the payment of that debt; so as to give the trustee of the infants a right to be heard on the appointment of a new trustee, in order that a responsible person might be…
2Cited by10 opinions
- Dyer v. LeachCalifornia Supreme Court · 1891
- Milbank v. CraneNew York Supreme Court · 1863
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Wood v. MatherNew York Supreme Court · 1862
- Bronson v. BronsonNew York Supreme Court · 1874
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