Campbell v. Low
New York Supreme Court
This action was brought by the plaintiff, as trustee of Mary M. Jennings, to recover the sum of $600, surplus moneys arising from the sale of mortgaged premises. The plaintiff claimed by virtue of a deed of marriage settlement made on the 21st of 'July, 1845, by and between William M. Jennings of the first part, Mary M. Jennings his wife of the second part, and Robert S. Gordon jun. of the third part.
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This action was brought by the plaintiff, as trustee of Mary M. Jennings, to recover the sum of $600, surplus moneys arising from the sale of mortgaged premises. The plaintiff claimed by virtue of a deed of marriage settlement made on the 21st of 'July, 1845, by and between William M. Jennings of the first part, Mary M. Jennings his wife of the second part, and Robert S. Gordon jun. of the third part. The deed, after reciting that Mary M. Jennings, previous to her marriage, was seised and possessed of certain real and personal estate, which it was understood and agreed, by and between her and…
1Opinion of the CourtBasculo, J.
Among the trusts in this peculiar and complicated deed I find the following: “ And upon this further trust, that he the said Robert S. Gordon jun., his heirs, executors, and administrators, shall and may in his and their discretion, control, manage, sell, dispose of, vest and reinvest the said real and personal estate, and the income thereof, as shall be deemed most advantageous, rendering to the said Mary M. Jennings so much thereof of principal or income-as may be necessary and proper for *589the maintenance and support of herself and family, and that her sole and separate receipt therefor…
2Cases cited1 opinion
- Gott v. CookNew York Court of Chancery · 1839
3Cited by3 opinions
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Waterman v. BaldwinSupreme Court of Iowa · 1885
- Ferry v. LaibleNew Jersey Court of Chancery · 1879