Cruger v. Jones
New York Supreme Court
This was a suit to determine the validity of a marriage settlement, and to authorize the mortgaging of the trust premises, for building purposes. The facts in the case are, in brief, as follows: Miss Frances Ann Jones was married to John Cruger in 1831, being at the time entitled to a large amount of real estate in and about the city of New-York. At the time of her marriage she was still in her minority.
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This was a suit to determine the validity of a marriage settlement, and to authorize the mortgaging of the trust premises, for building purposes. The facts in the case are, in brief, as follows: Miss Frances Ann Jones was married to John Cruger in 1831, being at the time entitled to a large amount of real estate in and about the city of New-York. At the time of her marriage she was still in her minority. By an indenture, dated the 19th of November, 1833, 'the greater portion of her property was given to her three brothers, their heirs and assigns forever, as trustees, to hold in trust…
1Opinion of the Court
By the Court, Roosevelt, J.
Where a trust, says thé statute, shall be expressed in the instrument creating the estate —which is the case in the present instance—every sale, conveyance, or other act of the trustees in' contravention of the trust, shall be absolutely void. And is not a mortgage, attended as it must be with a power of sale, an act contravening a trust *469to hold the estate and receive its rents and profits, and pay them over from time to time to the designated beneficiary? True, it is proposed to invest the mortgage money in buildings to be erected on the trust premises; but is it…
2Cited by17 opinions
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Moore v. WadeSupreme Court of Kansas · 1871
- Penfield v. TowerNorth Dakota Supreme Court · 1890
- In re BaudouineCourt of Appeals for the Second Circuit · 1900
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