Westerfield v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas Rogers, as trustee under the will of Jason Rogers, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 31st day of August, 1900, upon the report of a referee.
1Opinion of the Court
O’Brien, J.:
This is an action in equity begun in 1897 by the plaintiffs as beneficiaries under a will, and the prayer for judgment is as follows: “ That the said defendants, William Oauldwell and Thomas Rogers, be removed from their position as trustees under all and any of the trusts existing under and by virtue of the last, will and testament of . *19said John Rogers, deceased, and that said William Shillaber, Junior, be permitted to retire from and resign his position as trustee under the same, or in default of such resignation be removed therefrom; that some suitable person or persons be…
2Cases cited7 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Garlock v. . VandevortNew York Court of Appeals · 1891
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1898
- Seymour v. SeymourNew York Court of Chancery · 1820
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Producers Royalty Co. v. OttingerNew York Supreme Court · 1927