Kennedy v. . Hoy
New York Court of Appeals
Appeal from j ndgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 10, 1886, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint. The nature of the action and the material facts stated in the complaint, appear in the opinion.
Read the full summary
Appeal from j ndgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 10, 1886, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint. The nature of the action and the material facts stated in the complaint, appear in the opinion. The trust is void, because it is not limited “ during the continuance and until the termination of not more than two lives in being at the death of the testatrix ” and because it may suspend the absolute ownership of personal property for a…
1Opinion of the CourtEarl, J.
The plaintiff, a judgment creditor of William E. Hoy, seeks in this action to procure satisfaction of his judgment out of a certain fund placed in trust under the last will of his mother Ella Hora Hoy, for the benefit of William and his children.
In her will the testatrix placed a share of her estate in the. hands of her executors and directs them to apply the income thereof to the support and maintenance of William E. Hoy and his family during his life, and after his death to q>av the income to his surviving children, “ until they reach the age of twenty-one years, when the principal is to be…
2Cases cited1 opinion
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
3Cited by30 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Matter of GallienNew York Court of Appeals · 1928
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Carpenter v. CookCalifornia Supreme Court · 1900
25 more not listed; retrieve them via the Exa API.