Suarez v. de Montigny
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benigno S. Suarez, as executor, etc., of Hyacinth S. Suarez, from a judgment of the Supreme Court in favor of the defendants, upon the decision of the court rendered after a trial at Special Term. The action was brought to foreclose a mortgage given by the defendant Isabella de Montigny to Daniel Morison, substituted trustee of the separate estate of the defendant Isabel von Linden.
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Appeal by the plaintiff, Benigno S. Suarez, as executor, etc., of Hyacinth S. Suarez, from a judgment of the Supreme Court in favor of the defendants, upon the decision of the court rendered after a trial at Special Term. The action was brought to foreclose a mortgage given by the defendant Isabella de Montigny to Daniel Morison, substituted trustee of the separate estate of the defendant Isabel von Linden. Originally the mortgage was for $40,000, but was paid down to $25,000. It was thereafter assigned to Francis-H. Weeks, who had been substituted as trustee of such estate, and by such…
1Opinion of the Court
Williams, J.:
' There seems to be no doubt that a valid trust was created by the "■¡marriage settlement agreement, and that such trust being for the ¡benefit not only of Madame von Linden, but her appointees or descendants, was irrevocable. The trustee had no power to transfer the mortgage without the written consent of Madame von Linden. *499The agreement so provided, and the trustee had no power to dis'pose of the trust estate or any part of it except such power as he derived from the instrument creating the trust. While in some cases such power might he implied from the nature of the trust and…
2Cases cited2 opinions
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Kissam v. . DierkesNew York Court of Appeals · 1872
3Cited by15 opinions
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- O 'Hayer v. Honore de St. AubinAppellate Division of the Supreme Court of the State of New York · 1968
- English v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1898
- Empire State Surety Co. v. CohenNew York Supreme Court · 1916
- English v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1898
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