Jones v. Butler
New York Supreme Court
Appeal by tbe plaintiffs from a judgment rendered against tbem at Special Term, declaring a deed an estoppel, and by tbe executors of Tbomas C. Butler, Jr., one of tbe grantors in said deed, from sucb judgment, for tbe reason that sucb deed is declared an estoppel as to bis estate.
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Appeal by tbe plaintiffs from a judgment rendered against tbem at Special Term, declaring a deed an estoppel, and by tbe executors of Tbomas C. Butler, Jr., one of tbe grantors in said deed, from sucb judgment, for tbe reason that sucb deed is declared an estoppel as to bis estate. Tbe action was commenced by tbe plaintiffs, children of Jane Ann Butler and Tbomas C. Butler, Jr., against Tbomas 0. Butler, Sr., trastee, Cecilia Ann Butler, bis daughter, and said Tbomas 0. Butler, Jr., bis son. Tbe plaintiffs, claimed an interest in their mother’s (Jane Ann Butler’s) estate, she having then…
1Opinion of the Court
Beady, J.:
The plaintiffs, as children of Thomas 0. Butler, Jr., and Jane Ann, his wife, were not cestms que trust under the marriage settlement or trust deed. In case the mother died before the father, there was no provision made for the disposition of the capital or corpus of the estate. This action, which was commenced by them upon the theory that they were beneficiaries under the trust, was not successful, because the court of last resort declared that it could not be maintained in that aspect, although the question whether they could obtain any relief as to such estate as heirs at law of…
2Cases cited1 opinion
- Smith v. FerrisNew York Court of Common Pleas · 1860