Brown v. Fletcher
Supreme Court of the United States
APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Conrad Braker, Jr., of New York, died testate July 21, 1890. The fifteenth item of his will provided that the sum of $50,000 should be held in trust and securely invested for the use of his son, Conrad Morris Braker, who was to receive the income until he attained the age of fifty-five, when the “principal should be paid to him and belong to him absolutely.”
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APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Conrad Braker, Jr., of New York, died testate July 21, 1890. The fifteenth item of his will provided that the sum of $50,000 should be held in trust and securely invested for the use of his son, Conrad Morris Braker, who was to receive the income until he attained the age of fifty-five, when the “principal should be paid to him and belong to him absolutely.” If he failed to reach that age the property was to be held 'for the benefit of his wife for life with remainder to Henry Braker. The sixteenth…
1Opinion of the Court
Mr., Justice Lamar,
after making the foregoing state- . ment, delivered the opinion of the court.
The appellants brought suit in the United States District Court for the Southern District of New York for the purpose of recovering from the Trustee an interest in a trust estate which had been sold, transferred and assigned by Conrad Morris Braker, the beneficiary. The complainants were citizens and residents of Pennsylvania. Both defendants were citizens and residents of New York. Notwithstanding the diversity of citizenship, the court dismissed the bill on the. ground that, as the assignor…
2Cases cited15 opinions
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