Dillaye v. . Greenough
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the fifth judicial district, affirming the report of a referee in favor of the defendants. In 1844, William Malcolm died, possessed of real estate, which he devised to his children, of whom the plaintiff Charlotte was one.
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Appeal from the judgment of the late General Term of the Supreme Court, in the fifth judicial district, affirming the report of a referee in favor of the defendants. In 1844, William Malcolm died, possessed of real estate, which he devised to his children, of whom the plaintiff Charlotte was one. In August, 1848, Charlotte, then a minor, who, at the age of twenty-three, would take her share of the estate, and the plaintiff, S. D. Dillaye, entered into an antenuptial contract referring to the will, whereby Dillaye was constituted “ trustee ” of all Charlotte’s property, real and personal,…
1Opinion of the CourtFolgeb, J.
The learned counsel for the appellants conceded, that whatever right or interest in the premises in question was held by Dillaye in his own right, or by Mrs. Dillaye otherwise than as a cestui que trust, at the time of the execution of the deed to the defendants, passed thereby.
The issue of the marriage of Dillaye and Mrs. Dillaye take no present interest in the lands. If they shall have a right therein, it will not accrue until after the death of Dillaye. The court expresses no opinion as to whether they will or will not then have a right.
The ground, if any, upon which the deed to the…
2Cited by12 opinions
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- Clarke v. . LeuppNew York Court of Appeals · 1882
- Cowell v. Colorado Springs Co.Supreme Court of Colorado · 1876
- Dillaye v. Commercial Bank of WhitehallNew York Court of Appeals · 1873
- In re the Judicial Settlement of the Account of GawneAppellate Division of the Supreme Court of the State of New York · 1903
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