De Peyster v. Beekman
New York Supreme Court
Demurrer to complaint. This action was brought for the purpose of obtaining an adjudication that a trust created by the plaintiff for the benefit of the plaintiff’s son and his wife, and their issue, was terminated and ended, or for the appointment of a new trustee in the place of the one originally named, who had died. The plaintiff’s son and wife had also died, leaving a son them surviving.
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Demurrer to complaint. This action was brought for the purpose of obtaining an adjudication that a trust created by the plaintiff for the benefit of the plaintiff’s son and his wife, and their issue, was terminated and ended, or for the appointment of a new trustee in the place of the one originally named, who had died. The plaintiff’s son and wife had also died, leaving a son them surviving. It appeared that a new trustee had been appointed by the court upon the application of the executors, &c., of the deceased trustee, of which application no notice had been given . plaintiff.
1Opinion of the CourtVan Vorst, J.
The trust created by the agreement and settlement between the plaintiff of the first part, James F. De Peyster, as trustee for Frederic De Peyster, Jr., of the second part, and Frederic De Peyster, Jr., of the third part,, by which a certain sum annually was provided and settled by the plaintiff for the support and maintenance of Frederic De Peyster, Jr., and his wife Mary, and of any issue born of the marriage, has not expired by force of' any limitation contained in the instrument itself, for by the terms of the trust it can only terminate upon the death of the plaintiff.
The provision in…
2Cases cited5 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- In the Matter of George W. RobinsonNew York Court of Appeals · 1867
- Clark v. CregoNew York Supreme Court · 1867
- Bucklin v. BucklinNew York Court of Appeals · 1864
3Cited by3 opinions
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899
- Freeman v. PrendergastSupreme Court of Georgia · 1894
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899