Knowlton v. . Atkins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 12, 1890, which reversed an interlocutory judgment in favor of plaintiff entered upon the report of a referee and granted a new trial.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 12, 1890, which reversed an interlocutory judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. The action was brought to obtain conveyance of certain lands and an accounting for the proceeds of certain other lands, sold by the defendant, all the subject of a trust arising out of the conveyance made by one Osmin W. Atkins, in which liis. wife joined, to the defendant. This conveyance was made by deed absolute in terms, and covered lands in the county of…
1Opinion of the Court
Bradley, J.. The controversy has relation to the inheritance of the property in question. The declaration of trust is presumed to express the purpose of the conveyance by Osmin W. Atkins and Cordelia, his wife,- to the defendant, and both may be treated as if- embraced in a single instrument. The plaintiff claims title by descent from the children Albert S. and Osmin M. Atkins, through their mother, who. was his sister; and the defendant asserts his claim to the title by descent on the termination of the trust from his brother. The brother having the title was the creator of the trust, and if…
2Cases cited7 opinions
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Embury v. . SheldonNew York Court of Appeals · 1877
- Quinn v. . HardenbrookNew York Court of Appeals · 1873
- Hyatt v. PugsleyNew York Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- In re the Transfer Tax upon the Trust Created by the Will of HaggertyAppellate Division of the Supreme Court of the State of New York · 1908
- Middletown Trust Co. v. GaffeySupreme Court of Connecticut · 1921
- In re the Estate of MarshNew York Surrogate's Court · 1932
- Boshell v. BoshellSupreme Court of Alabama · 1928
18 more not listed; retrieve them via the Exa API.