In re Wadsworth
New York Court of Chancery
This case came before the chancellor upon the petition of James S. Wadsworth and Elizabeth Wadsworth to remove W W. Wadsworth as one of the executors and trustees under the will of his father, and to appoint another trustee in his place, so far as related to the trust created for the benefit of the petitioner E. Wadsworth.
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This case came before the chancellor upon the petition of James S. Wadsworth and Elizabeth Wadsworth to remove W W. Wadsworth as one of the executors and trustees under the will of his father, and to appoint another trustee in his place, so far as related to the trust created for the benefit of the petitioner E. Wadsworth. The testator, after making various ■ specific devises and bequests of portions of his real and personal estate, devised one-fourth of his residuary real estate to his two sons J. S. Wadsworth and W. W. Wadsworth and to his son-in-law M. Brimmer, and to their successors, as…
1Opinion of the Court
The Chancellor.
The common law has made no provision for the execution of a joint trust by one of the trustees, where the co-trustee, by reason of lunacy or other inability, becomes incompetent to execute the trust. This," therefore, appears to be a proper case for the interposition of the court tc remove the lunatic trustee, under the provisions of the revised statutes; so that the trusts both as to the residuary estate given to the daughter, and as to that given to the grandson of the testator, may be executed, either by the remaining trustee, or by him and such other person as may be…
2Cases cited1 opinion
- In re Van WyckNew York Court of Chancery · 1846
3Cited by8 opinions
- Craig v. CraigNew York Court of Chancery · 1848
- Baldwin v. McArthurNew York Supreme Court · 1854
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Carruth v. CarruthMassachusetts Supreme Judicial Court · 1889
- Woolley v. StewartAppellate Division of the Supreme Court of the State of New York · 1915
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