Townsend v. Allen
New York Supreme Court
Appeal from judgment on report of referee. Action by William H. Townsend against Robert Allen, Jr., executor of William McCoon, deceased, and James H. McCoon, and others, to obtain a settlement of the accounts of plaintiff as trustee under a deed of settlement, and the direction of the court as to the distribution of the trust-estate. The principal controversy in the suit was as to the validity of a deed of settlement executed by William McCoon in his life-time.
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Appeal from judgment on report of referee. Action by William H. Townsend against Robert Allen, Jr., executor of William McCoon, deceased, and James H. McCoon, and others, to obtain a settlement of the accounts of plaintiff as trustee under a deed of settlement, and the direction of the court as to the distribution of the trust-estate. The principal controversy in the suit was as to the validity of a deed of settlement executed by William McCoon in his life-time. There was a judgment in favor of plaintiff and certain of the impleaded defendants claiming under the deed of settlement, from which…
1Opinion of the CourtVan Brunt, P. J.
In view of the complete statement of facts contained in the referee’s opinion, it is not necessary to state the same in detail here, and we might very well rest our decision upon- the opinion of the referee, were it not, perhaps, proper to note one or two objections which are urged with great persistency upon the part of the appellant. It is claimed that the deed in question was void because of the fiduciary relations which existed between one of the trustees and the grantor in the trust-deed. This might be true were the provisions of the trust-deed unnatural, considering the relation of the…
2Cited by14 opinions
- Hutchison v. RossNew York Court of Appeals · 1933
- Shannon v. Irving Trust Co.New York Court of Appeals · 1937
- State Ex Rel. Ellan v. District CourtMontana Supreme Court · 1934
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
- K Mart Corp. v. Gen-Star Industries Co.District Court, E.D. Michigan · 1986
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