Legal Opinion

Robinson v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 13 opinions

Appeal by the plaintiffs, Carrie A. Robinson and others, by-Edward C. Manners, their guardian ad litem, and William Robinson, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on-the 1st day of March, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits, with notice of an intention to bring up for review upon such appeal…

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Appeal by the plaintiffs, Carrie A. Robinson and others, by-Edward C. Manners, their guardian ad litem, and William Robinson, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on-the 1st day of March, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 1st day of March, 1900, granting the defendants an extra allowance. This…

1Opinion of the Court

Hatch, J.:

The question presented by this appeal is solved by a determination as to whether a trust is created of the property devised .and bequeathed by the testator, in which event title to such property became vested in the trustees, or whether a power in trust is alone created..

• The learned court, at Special Term reached the conclusion that the will created a trust estate and vested title in the property sought to be recovered in the trustees, and that the plaintiffs were, therefore, without standing to maintain this action. The appellants earnestly insist that this conclusion is wrong;…

2Cases cited3 opinions

  1. Western R.R. Co. v. . NolanNew York Court of Appeals · 1872
  2. Matter of Estate of StrautNew York Court of Appeals · 1891
  3. Onondaga Trust Deposit Co. v. . PriceNew York Court of Appeals · 1882

3Cited by13 opinions

  1. Riviera Congress Associates ex rel. Lewy v. YasskyNew York Court of Appeals · 1966
  2. Strain v. Seven Hills AssociatesAppellate Division of the Supreme Court of the State of New York · 1980
  3. Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
  4. In Re Latham Lithographic CorporationCourt of Appeals for the Second Circuit · 1939
  5. In re the Estate of WoolfsonNew York Surrogate's Court · 1936

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