Jessup v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 28, 1916, unanimously affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 28, 1916, unanimously affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. One administering a trust may properly resist a proceeding of removal and the expense of resisting such proceeding is a proper charge upon the fund. (Matter of Higgins, 80 Misc. Rep. 609; Noyes v. Blakeman, 6 N. Y. 567; New v. Nicoll, 73 N. Y. 127; Schoenherr v.…
1Opinion of the CourtCardozo, J.
In October, 1913, George W. Smith was one of the trustees under the will of Samuel J. Tilden. Lewis V. F. Randolph was a co-trustee. The two trustees had power to select a third to fill the vacancy created by the death of John Bigelow.. They could not agree upon a choice. They differed also in respect of other problems of administration. A deadlock had been reached, which threatened, as the findings state, the orderly and efficient execution of the trust.
Some of the beneficiaries under the will, in union with Mr. Randolph, began a proceeding in the Supreme Court for the removal of Mr. Smith,…
2Cases cited14 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- New v. . NicollNew York Court of Appeals · 1878
- In Re the Accounting of OrdwayNew York Court of Appeals · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Vass v. Conron Bros. Co.Court of Appeals for the Second Circuit · 1932
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- In Re the Estate of GilmanNew York Court of Appeals · 1929
52 more not listed; retrieve them via the Exa API.