In re Sanders
New York Court of Chancery
This was an application to discharge Barent Bleecker as a trustee, and to substitute Barent Sanders and his wife, who claimed to be solely interested in the trust fund, as trustees in his place. Upon the presenting of the petition, the chancellor directed notice of the application to be given to the children of Mrs. Sanders; and appointed a guardian ad litem for such of the children as were infants.
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This was an application to discharge Barent Bleecker as a trustee, and to substitute Barent Sanders and his wife, who claimed to be solely interested in the trust fund, as trustees in his place. Upon the presenting of the petition, the chancellor directed notice of the application to be given to the children of Mrs. Sanders; and appointed a guardian ad litem for such of the children as were infants. The facts of the case, so far as is necessary to understand the decision, aré stated in: the opinion of the chancellor. contended that Mrs. Sanders took an estate in fee tad, in the premises in…
1Opinion of the Court
The Chancellor.
The principal question to be considered in this case is whether the children , of Mrs. Sanders have any interest in the trust fund. For, if they have, this court should not change the trustee, and substitute a new one, without requiring ample security for the protection of their interests in the subject matter, of the trust. The fund in the hands of this trustee is a part of the proceeds of a lot of ground in the city of Albany, which was taken by the corporation of that city for the widening of State street between Market street arid the basin. The lot originally belonged to…
2Cited by11 opinions
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
- Chapin v. CrowIllinois Supreme Court · 1893
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