The People v. . Norton
New York Court of Appeals
This action was brought in the superior court of New-York on a bond dated October 21,1844, executed by Henry Lynch as principal and John L. Norton as surety, in the penalty of $10,000, to the people of the State of New-York.
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This action was brought in the superior court of New-York on a bond dated October 21,1844, executed by Henry Lynch as principal and John L. Norton as surety, in the penalty of $10,000, to the people of the State of New-York. The bond recites that on the 10th of November, 1826, Norton transferred to Robert White and Edward A. Nicoll certain bonds and mortgages in trust for Mary 0. Lynch, the wife of Henry Lynch; and in case she should die in the lifetime of her husband without making any disposition of the trust property by will or by instrument in the nature of a will, the trustees were to…
1Opinion of the Court
Ruggles, Ch. J.,
delivered the opinion of the court.
The court of chancery had general jurisdiction of all cases of trust; and had the power by its general authority, independent of any statute, to displace a trustee on good cause shown, and to substitute another in his stead. It is said that this must in all cases, according to the course and practice of that court, be done by bill and not upon petition. But a departure' from the usual practice of the court in doing an act which the court has authority to do, does not render the act void. It may be irregular or erroneous, and upon a direct…
2Cited by44 opinions
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- United States Ex Rel. Hine v. MorseSupreme Court of the United States · 1910
- England v. WinslowCalifornia Supreme Court · 1925
- Fox v. MinorCalifornia Supreme Court · 1867
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