Toronto General Trust Co. v. Chicago, Burlington & Quincy Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 28, 1889, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 28, 1889, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as substituted trustee under the will and codicil of George H. Dunscomb, deceased, to recover certain shares of the stock of the Chicago, Burlington and Quincy Bailroad Company, alleged to have been wrongfully transferred. On the 14th day of October, 1870, George H. Dunscomb, a resident 'of Coburg, in the…
1Opinion of the CourtEabl, J.
The complaint in this action was dismissed on the sole ground that the plaintiff did not have legal capacity to sue in this state; and,- therefore, it is proper for us to consider only the question whether it did have such capacity.
The codicil to the will of the testator created a valid trust, and, although there were no words of gift to the trustee, he took the legal title to tile trust estate. Such a title is necessary for the purposes of the trust, and hence it must be presumed that the testator meant to give it. (Oates v. Cooke, 3 Burr, 1685; Doe v. Homfray, 6 Ad. & El. 206; Doe v.…
2Cases cited7 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
- Judson v. GibbonsNew York Supreme Court · 1830
- Smith v. WebbNew York Supreme Court · 1847
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