Legal Opinion
Tuck v. Knapp
New York Supreme Court
Decided December 15, 1903PublishedCited by 5 opinions
Action by a trustee in bankruptcy.
1Opinion of the CourtAndrews, J.
Section 72 of the Beal Property Law (L. 1896, ch. 547), which is substantially a re-enactment of the statutes then in force, provides that “ Every person, who, by virtue of any grant, assignment or devise, is entitled both to the actual possession of real property, and to the receipt of the rents and profits thereof, in law or equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest.”
*141It has been said that in view of this law the same person cannot be at the same time trustee and beneficiary of the…
2Cases cited11 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Greene v. . GreeneNew York Court of Appeals · 1891
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Losey v. . StanleyNew York Court of Appeals · 1895
- Rogers v. . RogersNew York Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of GallowayNew York Surrogate's Court · 1931
- Board of Directors of Theological Seminary v. LowranceSupreme Court of South Carolina · 1923
- Carson Estate Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Hull v. PalmerAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Accounting of the Executors of the Estate of MayNew York Surrogate's Court · 1920