Hotchkiss v. Elting
New York Supreme Court
DEMURRER to complaint. The action was brought to have an alleged trust deed, executed by the plaintiff to the defendant, declared void, and for a decree setting it aside as a cloud upon the plaintiff’s title.
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DEMURRER to complaint. The action was brought to have an alleged trust deed, executed by the plaintiff to the defendant, declared void, and for a decree setting it aside as a cloud upon the plaintiff’s title. The complaint alleged that prior to the 27th of October, 1828, and prior to his marriage with Lydia Siting, a sister of the defendant, which took place on that day, the plaintiff was seised in fee of two undivided third parts of a farm of land in the town of Stock-port in the county of Columbia, (describing the same.) That on the 29th of October, 1830, the plaintiff executed,…
1Opinion of the CourtHogeboom, J.
The deed in question does not convey to the defendant any present or future interest in the premises, nor any right to the possession, use or occupation, or the rents, issues or profits thereof, but expressly reserves the latter to the grantor himself during his life. The trust therein mentioned is simply to convey the premises, subject to the reservation, to such person or persons as the wife of the plaintiff should by writing appoint. This is not one of the trusts authorized by law, and is therefore absolutely void. (1 R. S. 727, 728, §§ 45, 55. Yates v. Yates, 9 Barb. 324, 340. Campbell v.…
2Cases cited10 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Livingston v. HollenbeckNew York Supreme Court · 1847
- Richards v. EdickNew York Supreme Court · 1853
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3Cited by11 opinions
- Lewis v. . HoweNew York Court of Appeals · 1903
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
- Smith v. SmithWisconsin Supreme Court · 1868
- Eldred v. WarnerArizona Supreme Court · 1875
- Fellows v. HeermansNew York Supreme Court · 1870
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