Murray v. Lylburn
New York Court of Chancery
IN 1809, a bill was filed against Winter, who held certain lands in Cosby’s manor, in trust for P. Heatly and others, in behalf of the cestui que trusts, charging him with a fraudulent breach of trust, and an injunction was issued against him, in February, 1810, enjoining from acting as trustee, and from selling any of the trust estate, or assigning the securities or proceeds thereof, &c.
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IN 1809, a bill was filed against Winter, who held certain lands in Cosby’s manor, in trust for P. Heatly and others, in behalf of the cestui que trusts, charging him with a fraudulent breach of trust, and an injunction was issued against him, in February, 1810, enjoining from acting as trustee, and from selling any of the trust estate, or assigning the securities or proceeds thereof, &c. (Vide vol. 1. p. 26. 60. 77. 566.) Winter, notwithstanding, sold a lot of land, part of the trust estate, in August, 1810, to the defendant Sprague, in fee, and took his bond and mortgage for the purchase…
1Opinion of the Court
The Chancellor.
The question is, whether the executors of Lylburn are to be held accountable to the cestui que trusts (in whose behalf Murray, as receiver, instituted the su^) f°r the bond and mortgage, in like manner as Winter may be, or would have been, had he not assigned them.
The case states, that the bill has been taken pro confesso against Sprague, the purchaser, and against Davis, who holds under him. It also states, that Davis is in possession,
[ * 443 ]
The cestui’que trusts are not entitled to the land, and also to the purchase money. The two claims, as I observed in the analogous case…
2Cases cited1 opinion
- Murray v. BallouNew York Court of Chancery · 1815
3Cited by79 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Taylor v. BenhamSupreme Court of the United States · 1847
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Presidio County v. Noel-Young Bond & Stock Co.Supreme Court of the United States · 1909
- Bloomer v. HendersonMichigan Supreme Court · 1860
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