Smith v. . Central Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff, as the testamentary guardian of Louise Condit and Sallie Barnes Smith, infants of tender years, to compel a corporation which is alleged to hold certain securities in trust for them, to account for the interest by it collected thereon and for other relief. In July, 1890, Mrs. Sallie L. D. B. Smith, a resident of…
1Opinion of the CourtVann, J.
When the Court of Chancery of the state of New Jersey appointed Mr. Pennington trustee for said infants in the place of their deceased father “ to execute the trusts mentioned and declared ” in their mother’s will, it adjudged that a trust was created by that will,--for that question had to be decided in order to determine whether a trustee should be appointed. (Caujolle v. Ferrie, 13 Wall. 465, 472.) It was the foundation upon which the decision to appoint a trustee necessarily rested. If that court had jurisdiction to make the determination it is binding upon us, even if we are of the…
2Cases cited9 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Hunt v. . HuntNew York Court of Appeals · 1878
- Shumway v. StillmanNew York Supreme Court · 1831
- Shumway v. StillmanNew York Supreme Court · 1825
- Caujolle v. FerrieSupreme Court of the United States · 1871
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3Cited by33 opinions
- Hughes v. . CumingNew York Court of Appeals · 1900
- Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913
- Hiser v. . DavisNew York Court of Appeals · 1922
- In re the Estate of KirkmanNew York Surrogate's Court · 1932
- Symons v. EichelbergerOhio Supreme Court · 1924
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