Sherman v. . Parish
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in .the first judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in .the first judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by plaintiff, a daughter of Jacob Parish, deceased, for the purpose of compelling the investment by the defendant of the sum of $18,000, which was alleged in the complaint to have been received by said defendant, with others now deceased, as trustees under the will of Jacob Parish, to be invested pursuant to the provisions of a trust contained in such will for the benefit of the plaintiff; and…
1Opinion of the CourtFolger, J.
It is plain that the complaint was framed in mistake of the facts of the case. So far from there having been an omission by the trustees to invest any part of the fund as directed, the whole of it was invested at first, in the prescribed kind of security. Afterward, though that kind of security was not sought, yet nearly the whole fund has been kept invested in sound securities, yielding income, which has been applied for the benefit of the plaintiff. The case alleged in the complaint has not been made out. But the proofs gone into have disclosed the whole case; and it may be disposed of as…
2Cases cited3 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Cunningham v. PellNew York Court of Chancery · 1836
- Miller v. McCanNew York Court of Chancery · 1839
3Cited by31 opinions
- Chemung Canal Trust Co. v. Sovran Bank/MarylandCourt of Appeals for the Second Circuit · 1991
- Matter of WentworthNew York Court of Appeals · 1920
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- Woodbridge v. . BockesNew York Court of Appeals · 1902
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