Spencer v. . Weber
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 25, 1898, upon an order affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The will gave no power to change the investment. The plain intent of the testator forbade such power.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 25, 1898, upon an order affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The will gave no power to change the investment. The plain intent of the testator forbade such power. (Kirsch v. Tozier, 143 N. Y. 396; Chaplin on Express Trusts, § 211; Denike v. Harris, 84 N. Y. 89; Ferris v. Ferris, 2 Dem. 336; Campbell…
1Opinion of the CourtMartin, J.
The purpose of this action was to set aside an assignment of a mortgage made by the defendant John I. Alston as trustee to Wilber B. Maben, to cancel a certifícate and the record of the satisfaction of such mortgage made by Maben as assignee, and recorded in the office of the register of Kings county, to declare the mortgage thus assigned which was made by the defendants Weber to the defendant Alston a lien upon the mortgaged premises, to reinstate it upon the record, and to foreclose it when thus reinstated.
Thomas T. Spencer died October 28, 1877, leaving a last will and testament which was…
2Cases cited5 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Leitch v. . WellsNew York Court of Appeals · 1872
- McPherson v. . RollinsNew York Court of Appeals · 1887
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Dillaye v. Commercial Bank of WhitehallNew York Court of Appeals · 1873
3Cited by5 opinions
- In re BlackmarNew York Surrogate's Court · 1929
- County of Tompkins v. IngersollAppellate Division of the Supreme Court of the State of New York · 1903
- Magid v. Sunrise Holdings Group, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Behrmann v. SeybelAppellate Division of the Supreme Court of the State of New York · 1917
- Magid v. Sunrise Holdings Group, LLCAppellate Division of the Supreme Court of the State of New York · 2018