Legal Opinion

People v. . Simonson

New York Court of Appeals

Decided April 28, 1891PublishedCited by 15 opinions

Appeal from judgment of the General Term of the Supreme "Court in-the second judicial department, entered upon an order made December 10, 1889, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term dismissing the complaint. This action was brought by the attorney-general in the name of the people against defendants who were executors and trustees under the will of Samuel Wood, deceased.

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Appeal from judgment of the General Term of the Supreme "Court in-the second judicial department, entered upon an order made December 10, 1889, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term dismissing the complaint. This action was brought by the attorney-general in the name of the people against defendants who were executors and trustees under the will of Samuel Wood, deceased. The complaint alleged in substance the execution by said Wood of a will and codicil thereto, which were admitted to probate, and that letters were…

1Opinion of the CourtGray, J.

The institution of this action by the attorney-general •of the state was with the object of establishing a testamentary trust for public and charitable purposes, under the provisions of the will of Samuel Wood, deceased. The complaint charged the executors of the testator with wasting, squandering and appropriating to their own uses a large part of the residuary estate, and with having undertaken, by collusive proceedings in the-courts, to defeat the testator’s charitable provisions. The defendants, in their answers, objected, among other things,, that the charitable trusts attempted to be…

2Cases cited5 opinions

  1. Robert v. . CorningNew York Court of Appeals · 1882
  2. Bascom v. . AlbertsonNew York Court of Appeals · 1866
  3. Shipman v. . RollinsNew York Court of Appeals · 1885
  4. Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
  5. Burrill v. . BoardmanNew York Court of Appeals · 1871

3Cited by15 opinions

  1. Allen v. . StevensNew York Court of Appeals · 1899
  2. Johnson v. PrestonIllinois Supreme Court · 1907
  3. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
  4. State v. HolmesMichigan Supreme Court · 1898
  5. Casgrain v. HammondMichigan Supreme Court · 1903

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