Green v. Winter
New York Court of Chancery
WILLIAM GREEK, one of the plaintiffs, and the husband of Temperance Green, in 1792, purchased certain lands in Cosby’s manor, and in the patent of Springfield, under a contract of purchase, made in 1791, from the heirs of John Morin Scott; and, in 1794, he purchased three tracts of land in the Oriskany patent, of the trustees of Governor Livingston, deceased.
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WILLIAM GREEK, one of the plaintiffs, and the husband of Temperance Green, in 1792, purchased certain lands in Cosby’s manor, and in the patent of Springfield, under a contract of purchase, made in 1791, from the heirs of John Morin Scott; and, in 1794, he purchased three tracts of land in the Oriskany patent, of the trustees of Governor Livingston, deceased. A considerable part of the purchase money was paid by him; and, to sec are the residue, he gave mortgages on the property. In 1796, and 1798, he sold the whole of the lands so purchased, to persons who gave their notes, and bonds and…
1Opinion of the Court
The Chancellor.
This ease is brought to a hearing on exceptions, taken on each side, to the report of the referees. The defendant is charged as a trustee, and this trust appears in the declaration of trust, executed by the defendant on the 13th of August, 1805.
The objects of this trust are to be kept steadily in view in the examination of this case. The whole subject matter in controversy depends upon the construction of it, and the principles by which it is governed.
I shall first consider the principal exceptions taken on the part of the defendant.
[Most of the exceptions relating to charges…
2Cited by23 opinions
- In re the Accounting of Guaranty Trust Co.New York Court of Appeals · 1956
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Turpie v. LoweIndiana Supreme Court · 1888
- Wright v. RossCalifornia Supreme Court · 1868
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