Husted v. . Thomson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 30, 1896, upon an order reversing a judgment entered upon a verdict directed in favor of the plaintiff, and dismissing the complaint upon the merits, with costs. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 30, 1896, upon an order reversing a judgment entered upon a verdict directed in favor of the plaintiff, and dismissing the complaint upon the merits, with costs. The nature of the action and the facts, so far as material, are stated in the opinion. When, as in this case, the trust is being administered by the Supreme Court, actions by or against the deceased trustee, as such trustee, can and should be continued by or against the new trustee. (Hegewisch v. Silver, 140 N. Y.…
1Opinion of the CourtVann, J.
This is an action at law brought against a trustee to recover the part of a trust estate to which the plaintiff deems himself entitled.
In 1851 Benjamin Lord died, leaving a last will and testament by which he gave all his real and personal property to his executors .in trust for his brothers and sisters and one Lavinia Knapp, who afterwards died, and by her will left her interest to the plaintiff. Only one of the executors named in Mr. Lord’s will, Caleb Barstow, qualified, and subsequently he z’esigned and was succeeded by Gilbert FT". Marshall, who in turn z-esigned and was succeeded by…
2Cases cited6 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Van Camp v. . SearleNew York Court of Appeals · 1895
- New v. . Village of New RochelleNew York Court of Appeals · 1899
- Duval v. CovenhovenNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Kathryn Strom v. Goldman, Sachs & Co. And Goldman, Sachs & Co. Supplemental Life Insurance PlanCourt of Appeals for the Second Circuit · 1999
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Rolfe v. SwearingenCourt of Appeals of Texas · 1951
- In Re Lloyd's American Trust Fund LitigationDistrict Court, S.D. New York · 1997
- In Re Estate of Howard v. HoweSupreme Court of Missouri · 1939
27 more not listed; retrieve them via the Exa API.