Legal Opinion

Sortore v. Scott

New York Supreme Court

Decided March 15, 1871PublishedCited by 3 opinions

This was an appeal by the defendant Scott, as an executor of Henry Sortore, deceased, from an order of Special Term, overruling his demurrer to the plaintiff’s complaint.

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This was an appeal by the defendant Scott, as an executor of Henry Sortore, deceased, from an order of Special Term, overruling his demurrer to the plaintiff’s complaint. On the 30th January, 1864, William Sortore died in the county of Allegany, leaving a will, in and by which? -he bequeathed to his executors the sum of $2,000 in trust, to receive the interest thereof and pay the same to his wife (the plaintiff in this suit) during her natural life, and after her death the principal sum to be equally divided between his children, eight in number. Jesse Sortore and Henry Sortore were appointed…

1Opinion of the CourtMtjllin, P. J.

The cases in which a cestui que trust can maintain an action at law against a trustee are very few in number, and this is not of that number. A court of equity is the proper tribunal to adjust the rights and liabilities of persons who occupy that relation. (Hill on Trustees, 42; id., 518 and notes.)

This action must be held to be an equitable one, therefore, and we are to look to the adjudication of the courts of equity-to guide us in determining the questions arising on the demiuTer.

The complaint alleges a breach of trust by the trustees in the lifetime of Henry Sortore, the deceased…

2Cases cited3 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Voorhis v. . Childs'New York Court of Appeals · 1858
  3. Leitch v. WellsNew York Supreme Court · 1867

3Cited by3 opinions

  1. Petrie v. PetrieNew York Supreme Court · 1872
  2. Hutchinson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1904
  3. Tiffany v. HessNew York Supreme Court · 1910

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