Onondaga Trust Deposit Co. v. . Price
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the" fourth judicial department, entered upon an order made January 30, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action' was brought to recover damages for the alleged conversion of two shares each of the par value of $1,000, of the capital stock of the Salina Coarse Salt Stock Company. James Lynch, late of Syracuse, died seized of the stock in question.
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Appeal from judgment of the General Term of the Supreme Court, in the" fourth judicial department, entered upon an order made January 30, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action' was brought to recover damages for the alleged conversion of two shares each of the par value of $1,000, of the capital stock of the Salina Coarse Salt Stock Company. James Lynch, late of Syracuse, died seized of the stock in question. He left a last will, with various codicils. The will devised to his executors $2,000 in trust, for the benefit of Lilia…
1Opinion of the CourtRapallo, J.
The shares of stock in question were, by the" codicil to the will of James Lynch, specifically bequeathed to his granddaughter, Lilla L. White, to draw the income arising therefrom during her life-time, and at her death to dispose of the same as she should see fit; and although by the same clause the executors were' directed to. pay over to her the dividends, and were thus impliedly authorized to collect them.during her life, no power of disposition of the shares themselves was given to the executors, and whatever trust was created related only to the dividends. The testator’s declaration at…
2Cases cited3 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Floyd v. Fitcher & CaseNew York Supreme Court · 1862
3Cited by15 opinions
- Hoskin v. Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Robinson v. AdamsAppellate Division of the Supreme Court of the State of New York · 1903
- Porter v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1910
- In re Accounts of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of BrennerNew York Surrogate's Court · 1938
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