In re Brewer
New York Supreme Court
Appeal by Mary Elizabeth Penniman from an order confirming the report of a referee, and containing further directions concerning the administration of a trust in real estate, and from an order directing a reference to take proof of and report the expenses incurred in the proceeding which resulted in the first order.
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Appeal by Mary Elizabeth Penniman from an order confirming the report of a referee, and containing further directions concerning the administration of a trust in real estate, and from an order directing a reference to take proof of and report the expenses incurred in the proceeding which resulted in the first order. The beneficiary, a married woman, having obtained from a justice of the Supreme Court a certificate that he had examined the condition and situation of the property, and made due inquiries into her capacity to manage and control the same, presented to her trustee a written…
1Opinion of the Court
Daniels, J.:
The appellant is the daughter of the late Gardner Brown. She intermarried with George H. Penniman, the son of James E. Penniman, deceased. He conveyed to Gardner Brown a lot of land with a dwelling-house thereon known as 536 Fifth avenue, in trust *599for the support and maintenance of the appellant during her life. While this trustee was living she was permitted to occupy the premises with her husband and children, and in that manner to enjoy the benefit and advantage of the trust estate. At his decease he left a will appointing the petitioner, who was his nephew, the trustee of the…
2Cases cited1 opinion
- Woodruff v. EllenNew York Supreme Court · 1866