Cruger v. Halliday
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the first circuit, overruling the demurrer of the defendant The bill was filed by H. I}. Cruger, G. W. Strong, and F. De Peyster, all claiming to be trustees under the will of Margaret Douglass, who died in December, 1829. The decedent, by her will, executed in due form of law to pass real estate, appointed R. Hálliday, I. Laurie, J. Johnson, and her daughter H. D.' Cruger, one of the complainants, her…
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This was an appeal from a decretal order of the vice chancellor of the first circuit, overruling the demurrer of the defendant The bill was filed by H. I}. Cruger, G. W. Strong, and F. De Peyster, all claiming to be trustees under the will of Margaret Douglass, who died in December, 1829. The decedent, by her will, executed in due form of law to pass real estate, appointed R. Hálliday, I. Laurie, J. Johnson, and her daughter H. D.' Cruger, one of the complainants, her executors and trustees. And she devised and bequeathed to them, or to such of them as should accept the trust, and to the…
1Opinion of the Court
The Chancellor.
The objectioh appears to be well taken, that it does not sufficiently appear that either of the complainants, except Mrs. Cruger, were properly appointed trustees; so as to authorize them to join with her in this suit. If Whetten was properly appointed, then the number of trustees was not reduced to two, while he remained a trustee, so as to authorize the children or grandchildren to nominate, or the other trustees to appoint Strong as his successor. And if the allegation in the bill is not sufficient to show that he was regularly appointed, the objection is equally fatal as to…
2Cited by19 opinions
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Henderson v. ShermanMichigan Supreme Court · 1882
- Gilchrist v. StevensonNew York Supreme Court · 1850
- State v. Black River Phosphate Co.Supreme Court of Florida · 1891
- Thatcher v. CandeeNew York Court of Appeals · 1866
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