Foster v. Wetmore
New York Supreme Court
Appeal from special term, New York county. Action by Annie B. Foster (revived in the name of Bufus Foster, her executor) against Benjamin Wetmore, executor of Mary Hopeton Drake, deceased, to recover interest upon a trust fund directed by defendant’s testator to be created for the benefit of the plaintiff. There was a judgment for the plaintiff, and the defendant appeals. ■
1Opinion of the CourtDaniels, J.
This action was brought by Annie E. Foster, to recover a balance of interest claimed on the sum of $10,000, directed by the will of Mary Hopeton Drake, deceased, to be by the defendant as her executor deposited with the United States Trust Company, and the interest and income thereon to be paid to Annie E. Foster during her life. The testatrix, Mary Hopeton Drake, departed this life on the 30th day of June, 1884, but the money directed to be held in trust was not deposited by the defendant with the United States Trust Company untilcthe 19th of June, 1889. After the receipt of the money by the…
2Cases cited14 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Brown v. . KnappNew York Court of Appeals · 1879
- Cooke v. . MeekerNew York Court of Appeals · 1867
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Loder v. . HatfieldNew York Court of Appeals · 1877
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3Cited by2 opinions
- In re BerblingNew York Surrogate's Court · 1929
- Wagner v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902