Legal Opinion

Watkins v. . Reynolds

New York Court of Appeals

Decided October 7, 1890PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court it the fourth judicial department, entered upon an order made November 13, 1888, which affirmed a judgment in favor of plaintiff against defendants Henry J. Vrooman and Eben 0. Reynolds entered upon a decision of the court on trial at Special Term, and dismissed an appeal from said judgment by the defendant Helen Reynolds.

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Appeal from judgment of the General Term of the Supreme Court it the fourth judicial department, entered upon an order made November 13, 1888, which affirmed a judgment in favor of plaintiff against defendants Henry J. Vrooman and Eben 0. Reynolds entered upon a decision of the court on trial at Special Term, and dismissed an appeal from said judgment by the defendant Helen Reynolds. This action was brought to have an agreement executed by Henry J. Vrooman declared a mortgage and a lien upon certain real estate described in a prior mortgage executed by Eliza A. Vrooman, and for a foreclosure…

1Opinion of the CourtPeckham, J.

We agree with the learned General Term that upon the death of Eliza Ann Vrooman, the trust created by the will of Miller terminated. It was wholly unnecessary for the trustee to thereafter make a formal conveyance of the land to Henry J. Vrooman and Mrs. Reynolds. The duties of the trustee really terminated upon the death of Mrs. Vrooman, and the provisions of the statute that “ when the purpose for which s-n express trust shall have been created shall have ceased the estate of the trustee shall also cease ” (1 R. S. 730, § 67), rendered it unnecessary to execute the deed, so far as the…

2Cases cited1 opinion

  1. Gifford v. . CorriganNew York Court of Appeals · 1889

3Cited by28 opinions

  1. O'Donoghue v. . BoiesNew York Court of Appeals · 1899
  2. Townshend v. . FrommerNew York Court of Appeals · 1891
  3. In Re the Accounting of HaleNew York Court of Appeals · 1931
  4. Kahn v. TierneyAppellate Division of the Supreme Court of the State of New York · 1909
  5. Lynch v. MurphySupreme Court of the United States · 1896

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