Fellows v. Heermans
New York Court of Appeals
Appeal from an order. Joseph Fellows brought an action against John Heermans, in the supreme court, to set aside or reform a certain sealed instrument, made by plaintiff to defendant, conveying all the grantor’s real and personal estate, on account of the grantor’s age and infirmities, and in consideration of one dollar, with a proviso that the grantee should sell and' convey the lands at retail, and that the avails should be paid over to the grantor during his life, and…
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Appeal from an order. Joseph Fellows brought an action against John Heermans, in the supreme court, to set aside or reform a certain sealed instrument, made by plaintiff to defendant, conveying all the grantor’s real and personal estate, on account of the grantor’s age and infirmities, and in consideration of one dollar, with a proviso that the grantee should sell and' convey the lands at retail, and that the avails should be paid over to the grantor during his life, and afterwards applied to' pay debts and expenses of the trust, and the residue distributed as directed in a subsequent…
1Opinion of the CourtAllen, J.
It is conceded that the only question before this court is as to the power of the court below to grant the injunction and appoint the receiver. If the power existed, the discretion of the court in its exercise is not the subject of review here.
The action was brought to revoke and avoid a trust created by the plaintiff upon several grounds, to remove the trustee and to restore the trust estate to the plaintiff, the original owner of the property, and the principal beneficiary under the trust deed.
The judgment of the court at special term was adverse to the plaintiff; the trust was adjudged…
2Cases cited5 opinions
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Disbro v. DisbroNew York Supreme Court · 1869
- Hoyt v. CarterNew York Supreme Court · 1851
- Town of Guilford v. CornellNew York Supreme Court · 1857
- McMahon v. AllenNew York Supreme Court · 1862