Gallie v. Eagle
New York Supreme Court
HIS is an appeal, by the plaintiff, Horn an order of the Special Term sustaining a demurrer to the complaint. The plaintiff, as trustee, is seised of an undivided one-fourth part of certain premises, as tenant in common with the defendants. The trust is to receive the rents and profits and apply the same to the support, education and maintenance of. Charles R. Gallie until he shall attain the age of 21 years.
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HIS is an appeal, by the plaintiff, Horn an order of the Special Term sustaining a demurrer to the complaint. The plaintiff, as trustee, is seised of an undivided one-fourth part of certain premises, as tenant in common with the defendants. The trust is to receive the rents and profits and apply the same to the support, education and maintenance of. Charles R. Gallie until he shall attain the age of 21 years. The trustee has full power, in her discretion, to sell, grant, assign .and convey said premises, and invest and hold the proceeds on the same trust. The plaintiff brings this action for…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The only question presented upon this appeal is, whether a trustee of land under a valid trust to receive the rents and profits of said land and apply them to the use and support of an infant, until such infant arrives at the age of 21 years, with an absolute power to sell such land and invest the proceeds thereof for the benefit of such infant, can institute a suit in equity to partition said lands held in common with other persons of adult age.
By the common law, as well as under the statutes of this State, partition between tenants in common of real property…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1843
3Cited by6 opinions
- Cardwell v. ClarkNew York Supreme Court · 1916
- Munson v. BringeWisconsin Supreme Court · 1911
- Yeshiva University v. EdelmanNew York Supreme Court · 1958
- Heermans v. . RobertsonNew York Court of Appeals · 1876
- Horstman v. Ritter, Court of Common Pleas of Ohio, Hamilton County1899
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