Graham v. Van Duzer
New York Surrogate's Court
This was a petition for payment of a claim, against the estate of William J. Van Duzer, deceased. The question submitted in this matter, was, whether John. E. Graham, the petitioner, is entitled to a preference over the ordinary creditors of the estate, under the following circumstances. The testator received a wagon of the petitioner, to sell on commission, with instructions to sell the same for $250, and retain the balance over and above that sum, for his commissions.
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This was a petition for payment of a claim, against the estate of William J. Van Duzer, deceased. The question submitted in this matter, was, whether John. E. Graham, the petitioner, is entitled to a preference over the ordinary creditors of the estate, under the following circumstances. The testator received a wagon of the petitioner, to sell on commission, with instructions to sell the same for $250, and retain the balance over and above that sum, for his commissions. A sale of the wagon was made by the testator, in his life-time, in payment for which he took a check or draft, payable to…
1Opinion of the Court
The Surrogate.
In Moses v. Murgatroyd (1 Johns. Ch., 118) it was decided that property held in trust does not pass to the representatives of the trustee, but as long as it can be traced and distinguished it enures to the benefit of the cestui que trust. (See also Kip v. Bank of N. Y., 10 Johns., 63.)
In Van Alleyn v. Commercial American National Bank (52 N. Y., 1), after an examination of several authorities, it is held substantially that the deposit of trust funds commingled with others does not divest the fund *324of its trust character, or prevent the cestui que trust from, enforcing his right…
2Cases cited3 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Wilkin v. WilkinNew York Court of Chancery · 1814
- Kip v. Bank of New-YorkNew York Supreme Court · 1813
3Cited by1 opinion
- Crane Bros. Manufacturing v. KeckNebraska Supreme Court · 1892