Rosenbaum v. Garrett
New Jersey Court of Chancery
'Heard on bill, and answers. The bill is filed by a cestui que trust to compel her trustee to transfer to her the trust property. The bill also asks for an injunction restraining the trustee from taking any proceedings in any other court, in this or any other state, to surrender his trust, or from- doing any other act in relation to the trust fund, except such acts as shall be necessary to protect the same.
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'Heard on bill, and answers. The bill is filed by a cestui que trust to compel her trustee to transfer to her the trust property. The bill also asks for an injunction restraining the trustee from taking any proceedings in any other court, in this or any other state, to surrender his trust, or from- doing any other act in relation to the trust fund, except such acts as shall be necessary to protect the same. The bill sets out that William Coffin, of Philadelphia, Pennsylvania, died in 1872, leaving a will, which was. probated in Philadelphia, and afterwards in Camden county, New Jersey, in…
1Opinion of the Court
Reed, V. C.
The- complainant filed her bill upon the theory that Garrett, her trustee, holds the fund bequeathed to him, in trust for her, as a passive trustee, and that he is bound, upon her request, to transfer the property to her, or to such person as she may name. The bill, as already stated, prays that the trustee may be decreed to surrender the trust property to the complainant, and also that he may be restrained from taking any proceeding in any other court to have the rights of himself and his cestui que trust settled.
The right of this court to entertain suits of this character, when…
2Cases cited7 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Harrison v. NixonSupreme Court of the United States · 1835
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Davoue v. FanningNew York Court of Chancery · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Swetland v. SwetlandNew Jersey Court of Chancery · 1930
- Johnson v. SalsburySupreme Court of North Carolina · 1950
- In Re JohnstonNew Jersey Superior Court Appellate Division · 1940
- Davis v. DavisNew Jersey Court of Chancery · 1898
- In Re PfizerNew Jersey Superior Court Appellate Division · 1954
9 more not listed; retrieve them via the Exa API.