Putnam v. . Lincoln Safe Deposit Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme .Court in the third judicial department, entered July 18,1907, which modified and affirmed as modified a judgment of Special Term construing the will of Robert M. Shoemaker, deceased, and settling the accounts of the trustee of a portion of his estate. The facts, so far as material, are stated in the opinion. It is error for the Appellate Division to make findings of fact.
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Appeal from a judgment of the Appellate Division of the Supreme .Court in the third judicial department, entered July 18,1907, which modified and affirmed as modified a judgment of Special Term construing the will of Robert M. Shoemaker, deceased, and settling the accounts of the trustee of a portion of his estate. The facts, so far as material, are stated in the opinion. It is error for the Appellate Division to make findings of fact. That power rests exclusively with the trial tribunal. (Cutter v. G. Bros. Co., 168 N. Y. 512; Purchase v. Matteson, 25 N. Y. 211; Matter of Chapman, 162 N. Y.…
1Opinion of the CourtGray, J.
The plaintiff, one of the remaindermen under the will of Eobert M. Shoemaker, who died a resident of the city of Cincinnati, in the state of Ohio, in 1885, commenced this action, in 1900, to procure the appointment of a substituted trustee to execute the trust created by the 18th clause of the will, to have determined the rights and interests in the trust of himself and of the others affected thereby, and to have certain appropriate and incidental equitable relief. The will of Shoemaker, after making certain provisions, which are not now important, in the ISth clause, provided for the…
2Cases cited5 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Morse v. . MorseNew York Court of Appeals · 1881
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- Gilbert v. . TaylorNew York Court of Appeals · 1896
3Cited by21 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- England v. WinslowCalifornia Supreme Court · 1925
- Doscher v. WyckoffAppellate Division of the Supreme Court of the State of New York · 1909
- In Re the Accounting of Security Trust Co. of RochesterNew York Court of Appeals · 1921
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