Rainey v. Laing
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought by the plaintiffs as executors of James B. Laing, deceased, to obtain a construction of his last will and testament. The testator died at Kinderhook, New York, on the 25th day of. October, 1868. The defendants and respondents William L. Laing, a brother, Catharine E. Heermance, a sister, and Alexander K. Laing, a nephew of the deceased, are his only heirs at law, or next of kin.
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APPEAL from a judgment entered at a special term. The action was brought by the plaintiffs as executors of James B. Laing, deceased, to obtain a construction of his last will and testament. The testator died at Kinderhook, New York, on the 25th day of. October, 1868. The defendants and respondents William L. Laing, a brother, Catharine E. Heermance, a sister, and Alexander K. Laing, a nephew of the deceased, are his only heirs at law, or next of kin. The deceased, by the second clause of his will, g£,ve and bequeathed his cabinet and collection of coins, minerals, shells, &e., to Rutgers…
1Opinion of the Court
By the Court, Cardozo, J.
It is a mistake to suppose that the law of trusts has any application to this ease. There is but one trust created by the will, viz., the one mentioned in the third clause, and upon that no question arises here, and its only relevancy is so far as it tends to confirm the view that the fifth clause does not and was not intended to create any trust.
The third clause shows that the testator was well advised as to the proper language to be employed when the bequest was to be held in trust; and .that he did not use similar phraseology in the fifth clause, goes only to show…
2Cases cited4 opinions
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- Humbert v. Rector of Trinity ChurchCourt for the Trial of Impeachments and Correction of Errors · 1840
- Rector of All Saints Church v. LovettThe Superior Court of New York City · 1828
- In re Reformed Presbyterian ChurchNew York Supreme Court · 1853
3Cited by5 opinions
- Betts v. BettsNew York Supreme Court · 1878
- Farrington v. PutnamSupreme Judicial Court of Maine · 1897
- Farmers' Loan & Trust Co. v. ShawNew York Supreme Court · 1907
- Farmers' Loan & Trust Co. v. ShawAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Construction of the Last Will & Testament & Codicil Thereto of AllenNew York Surrogate's Court · 1920