Davis v. Kerr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles L. C. Kerr, as executor, etc., of A. Smith Ring, deceased, from a judgment of the Supreme ■Court in favor of the plaintiffs, entered in the office of the clerk of the county of Orange on the 18th day of September, 1895, upon the decision of the court rendered after a trial at the Orange Special Term. This action was brought by the plaintiffs as cestuis que trust to recover from the executor of a surviving trustee the amount of the trust fund.
1Opinion of the Court
Willard Bartlett, J.:
The controversy in this case arises out of a trust of $4,000, established by the will of Catharine E. Sinclair. In order to understand the questions to be considered it is essential to set out the trust clause- in full. It is in these words:
“I give and bequeath to A. Smith Ring and Cornelia S. Fenton the sum of ■ four thousand dollars upon the following trusts, viz.-: To invest the same and keep the same invested upon bond and mortgage upon real estate during the lives of my son, Hyatt Sinclair, and his wife, and of the survivor of them, and to pay over the interest and…
2Cases cited3 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Earle v. . EarleNew York Court of Appeals · 1883
- Glacius v. . FogelNew York Court of Appeals · 1882
3Cited by7 opinions
- Meeker v. DraffenAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Judicial Settlement of the Account of HarrisAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Estate of DoughertyNew York Surrogate's Court · 1904
- In re the Estate of FriendNew York Surrogate's Court · 1938
- In re the Final Judicial Settlement of the Account of HalsteadNew York Surrogate's Court · 1904
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