Legal Opinion

Watson v. Bonney

The Superior Court of New York City

Decided March 31, 1849PublishedCited by 5 opinions

This was an action commenced since the adoption of the code, to vacate and annul a trust-deed, executed by the plaintiff, in and by which she had, prior to her marriage, conveyed and transferred all her estate, real and personal, to the defendant, Bonney, as trustee.

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This was an action commenced since the adoption of the code, to vacate and annul a trust-deed, executed by the plaintiff, in and by which she had, prior to her marriage, conveyed and transferred all her estate, real and personal, to the defendant, Bonney, as trustee. The facts, as they appeared in the complaint, are briefly these. ■ On the 19th of May, 1846, an instrument in writing, in the nature of a trust-deed, was made and executed between the plaintiff, then a widow, of the first part, Benjamin W. Bonney of the second part, and Alexander T. Watson of the third part, by which the…

1Opinion of the CourtBy the Court. Sandford, J.

In May, 1846, the plaintiff, then a widow, conveyed and transferred all the property in question to a trustee, in fee, and absolutely. The only rights she reserved were, the entire control of the income for her separate use during her life, the direction of the investment and re-investments of the capital by the trustee, the power to dispose of the whole by an instrument in the nature of a will, and the full restoration of the property, if she survived her intended husband. So long as the coverture continued, the settlement gave her no interest in the capital, and she had no power of disposal…

2Cited by5 opinions

  1. Evans v. Bishop Trust Co.Hawaii Supreme Court · 1912
  2. Dickey v. GoldschmidtNew York Supreme Court · 1908
  3. Allen v. Mayor of New YorkNew York Court of Common Pleas · 1855
  4. In re HallNew York Surrogate's Court · 1883
  5. Miller v. HackleyNew York Supreme Court · 1808

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