Newton v. Hunt
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Anna Benkard Hunt and others, and by the defendants, William Jay and another, as substituted trustees for Anna Benkard Hunt, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of October, 1908, upon the decision of the court rendered after a trial at the New York Special Term, and a cross-appeal by the plaintiff, Frederick William Newton, surviving executor, etc., which is…
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Separate appeals by the defendants, Anna Benkard Hunt and others, and by the defendants, William Jay and another, as substituted trustees for Anna Benkard Hunt, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of October, 1908, upon the decision of the court rendered after a trial at the New York Special Term, and a cross-appeal by the plaintiff, Frederick William Newton, surviving executor, etc., which is stated in the notice of appeal to be from so much of said judgment as adjudges “ that the reservation by the defendant Anna…
1DissentIngbaham, J.
(dissenting);
There are several interesting questions presented by this appeal, and I wish, first, to state my conclusion without considering how far the court is concluded by the former decision on the appeal from the judgment, overruling the demurrer to the complaint. (107 App. Div. 457.) By the original deed of trust, dated the 31st day of July, 1872, it is quite clear that a valid trust was created. By that instrument the defendant Anna B. Hunt, then Anna Benltard granted, bargained, assigned, transferred and set over unto the parties of the second part the property described, which…
2Cases cited6 opinions
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Ward v. . BoyceNew York Court of Appeals · 1897
- Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
- Newton v. JayAppellate Division of the Supreme Court of the State of New York · 1905
- Nicholas v. . LordNew York Court of Appeals · 1908
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