Sperry v. Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. On or about October 8, 1902, the plaintiff was the owner of an undivided .interest in the estate of Hosea B. Perkins, deceased, and while such owner executed a document, denominated a deed of trust, which she delivered to Ethan Allen, Frederic P. Sperry and the Farmers’ Loan and Trust Company therein designated as trustees.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. On or about October 8, 1902, the plaintiff was the owner of an undivided .interest in the estate of Hosea B. Perkins, deceased, and while such owner executed a document, denominated a deed of trust, which she delivered to Ethan Allen, Frederic P. Sperry and the Farmers’ Loan and Trust Company therein designated as trustees. By this document plaintiff granted to said trustees all the property “real and personal to her bequeathed and devised by said Hosea B. Perkins.” At the…
1Opinion of the Court
Scott, J.:
We entertain no doubt that the corpus of the trust fund in the hands of the Trustees, excepting the house occupied by plaintiff, is in contemplation of law personal property. It is true, as stated in the submission, that when the deed of trust was executed plaintiff’s undivided interest in the estate of Hosea B. Perkins, deceased, was represented 'mainly by real estate, but the action of the executors in converting his realty into cash operated as a legal as well as an actual conversion, so that what was paid over to the trustees was, when it came into their hands, personal…
2Cases cited3 opinions
- Genet v. . HuntNew York Court of Appeals · 1889
- Hoskin v. Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Hoskin v. . the Long Island Loan and Trust CompanyNew York Court of Appeals · 1911
3Cited by14 opinions
- Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Cramer v. Hartford-Connecticut Trust Co.Supreme Court of Connecticut · 1929
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1935
- Franklin v. Chatham Phenix National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Merrill v. LynchNew York Supreme Court · 1939
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