Fulton v. . Whitney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a decision, of the court at Special Term. (Reported bélow, 5 Hun, 16.) This action was brought to have a trust declared in plaintiff’s favor in certain premises purchased by defendants.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a decision, of the court at Special Term. (Reported bélow, 5 Hun, 16.) This action was brought to have a trust declared in plaintiff’s favor in certain premises purchased by defendants. In 1862, Parkhurst Whitney, of Miagara, Miagara county, died, leaving a will, by the thirteenth clause of which he bequeathed to his grandchildren, Olympia, Helen and the plaintiff, $4,000 each, to be paid in the manner and from the fund thereinafter provided.…
1Opinion of the CourtRapallo, J.
The main question in this case is, whether the defendants Whitney and Trott were, by reason of then; position as executors and trustees under the will of Parkhurst Whitney, deceased, precluded from becoming purchasers for their own benefit, at the foreclosure sale, of the real estate covered by the Woodruff mortgage.
-This real estate was not part of- the property held by them in trust for the plaintiff. The trust fund consisted of the proceeds of what is called in the case, the “ Whitney mortgage.” That mortgage was, by the will of Parkhurst Whitney, bequeathed to the defendants Whitney and…
2Cases cited7 opinions
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
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3Cited by57 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- King v. RemingtonSupreme Court of Minnesota · 1886
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Ripley v. International Railways of Central AmericaAppellate Division of the Supreme Court of the State of New York · 1959
- Meeker v. Winthrop Iron Co.U.S. Circuit Court for the District of Western Michigan · 1883
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