Doctor v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Augustus S. Hughes and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 14th day of January, 1916, upon the decision of the court after a trial at the New York Special Term.
1Dissent
Page, J. (dissenting):
The question involved in this appeal is whether Elizabeth L„. Hughes had an' interest in the said property which was alien*771able and p'assed by virtue of the conveyance to Augustus S. Hughes, her husband.
In determining this question the existence of a power in the trustee to sell the property does not change the nature or quality of the ulterior limitations of the deed of trust, and they will take effect subject to the exercise of the power. We may, therefore, in our consideration of the case, disregard entirely the provisions of the deed concerning the power of sale…
2Cases cited6 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- 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
- Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Stall v. Catskill BankNew York Supreme Court · 1837
- Schreyer v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1905
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