Bunn v. Winthrop
New York Court of Chancery
THE bill in this case stated, that Thomas Marston, deceased, being seised of a large real and personal estate, made his will, on the 27th of July, 1808, by which he devised parts of his real estate to his grandchildren, and made some of the defendants his executors.
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THE bill in this case stated, that Thomas Marston, deceased, being seised of a large real and personal estate, made his will, on the 27th of July, 1808, by which he devised parts of his real estate to his grandchildren, and made some of the defendants his executors. The testator died January 11, 1814. Hannah Curry, one of the plaintiffs, separated from her husband, John Curry, and by articles, dated July 3, 18U2, mutually entered into between them, by means of William Bunn, plaintiff, as trustee, with sureties, she was allowed to live separate from her husband, and enjoy all her estate and…
1Opinion of the Court
The Chancellor.
The object of the bill is to seek performance of the trust created by the deed of the 26th of February, 1811, by having a competent trustee provided who will execute it, and by carrying the provisions, in favour of the plaintiffs, into effect. This has led ■ the counsel into a discussion touching the validity of that deed, and how far a court of equity ought to interfere to aid it.
After a consideration of the case, I am induced to conclude, that there is no well-founded objection to a decree in support of the subject matter of the bill.
*336The instrument is good, as a voluntary…
2Cited by35 opinions
- Conley v. NailorSupreme Court of the United States · 1886
- Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
- Viney v. AbbottMassachusetts Supreme Judicial Court · 1872
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- O'Neil v. GreenwoodMichigan Supreme Court · 1895
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