In re Laing
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Application by Emily M. Laing for the appointment of a trustee under the last will of James Ferris, deceased. From an order denying a motion for reargument, Henry Ferris appeals.
1Opinion of the CourtGoodrich, P. J.
This appeal involves the question whether the special term was justified in appointing a new trustee of a testamentary fund in place of Claiborne Ferris, dec.eased. The appellant claims that there is no necessity for any appointment. Briefly stated, the essential facts are that James Ferris, by the ninth clause of his will, created a trust fund for Ms daughter, Sarah, in the hands of Claiborne Ferris and others, his executors. They are now all dead. By á judgment of the supreme court in 1897, in an action to construe the will, it was adjudged that as Sarah had died in 1889 this trust fund…
2Cases cited1 opinion
- Milbank v. CraneNew York Supreme Court · 1863
3Cited by4 opinions
- In re FrechAppellate Division of the Supreme Court of the State of New York · 1927
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1919
- Friedley v. Security Trust & Safe Deposit Co.Court of Chancery of Delaware · 1912
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1943