Crabb v. . Young
New York Court of Appeals
Cboss appeals from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 27,1882, which affirmed a judgment entered upon a decision of the court at Special Term. The nature of the action and the material facts are stated in the opinion. The trustees were creatures of the will, and compelled to follow exactly any explicit directions therein contained.
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Cboss appeals from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 27,1882, which affirmed a judgment entered upon a decision of the court at Special Term. The nature of the action and the material facts are stated in the opinion. The trustees were creatures of the will, and compelled to follow exactly any explicit directions therein contained. (Perry on Trusts, § 460.) Where an unauthorized investment is made, a trustee is invariably liable; and his good faith, purity of intention and subsequent diligence in endeavoring to prevent the loss will…
1Opinion of the Court
Buger, Ch. J.
This case comes here on cross appeals from the judgment of the General Term, affirming a final judgment rendered in the City Court of Brooklyn. Each party by appropriate provisions contained in their respective notices of appeal seeks also to review an interlocutory judgment previously rendered in the action.
The circumstances out of which this action arose are as follows : Isaac Young died before July, 1868, having previously made his will, and leaving a considerable estate to his five children, Isaac H., Bobert B., John L., William A. and Margaretta Young, the plaintiff, the…
2Cases cited2 opinions
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Chesterman v. . EylandNew York Court of Appeals · 1880
3Cited by25 opinions
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- Stark v. United States Trust Co. of NYDistrict Court, S.D. New York · 1978
- In re the Judicial Settlement of the Account of JarvisNew York Surrogate's Court · 1920
- In Re the Accounting of the Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
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