New York Life Insurance & Trust Company v. Hoyt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1898, affirming a judgment entered on the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. It was not the intent of James B. Livingston and Lewis H. Livingston, the settlors in the deed of 1876, to include any particular property under the trusts thereby created.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1898, affirming a judgment entered on the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. It was not the intent of James B. Livingston and Lewis H. Livingston, the settlors in the deed of 1876, to include any particular property under the trusts thereby created. It was their intention that said deed should specify only the value or the amount of the principal which was ultimately to be received by the trustee…
1Opinion of the CourtVann, J.
This action vi'as brought to settle the accounts of the plaintiff as the trustee of two similar trusts, to construe the instruments by which said trusts were created and to secure the instruction of the court as to the proper method of distributing the trust estates.
On the 14th of June, 1873, the plaintiff became the trustee of a trust created under the will of James Boggs, embracing both real and personal property. Said trust was for the benefit of Julia A. Livingston during the joint lives of herself and Lewis Livingston, her husband, and was to cease upon the death of either. If the said…
2Cases cited4 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Keteltas v. . KeteltasNew York Court of Appeals · 1878
- Springsteen v. SamsonNew York Court of Appeals · 1865
- Slosson v. LynchNew York Supreme Court · 1864
3Cited by14 opinions
- Mercury Bay Boating Club Inc. v. San Diego Yacht ClubNew York Court of Appeals · 1990
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Baker v. Normanoch Ass'n, Inc.Supreme Court of New Jersey · 1957
- Wood v. JamesSupreme Court of Vermont · 1918
- City of Geneva v. . HensonNew York Court of Appeals · 1909
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