Brown v. . Spohr
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Coui't in the first judicial department, entered December 3, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Coui't in the first judicial department, entered December 3, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to set aside nine deeds of trust made by Joseph H. Brown, and in the event of their being set aside, plaintiff asks for a judicial construction of the residuary clause of said Brown’s will, determining whether the funds specified in the trusts passed under that clause of the will, or passed to the widow and next of kin…
1Opinion of the CourtWerner, J.
The nine trusts attacked by the appellant and defended by the respondents are all substantially in the same form. In each case there is a deed of trust executed by the trustor, and a declaration of trust executed by the respective trustees. The methods adopted in the creation of these trusts are identical, except as to certain details of form. The attack upon these trusts is supported by much learning, that has been presented with great ability and skill, but when the inquiry is reduced to its final analysis there are a few simple propositions that are decisive of the case.
The appellant…
2Cases cited12 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Martin v. . FunkNew York Court of Appeals · 1878
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Greene v. . GreeneNew York Court of Appeals · 1891
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- Matter of Reed v. BrowneNew York Court of Appeals · 1946
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