Bunn v. Vaughan
New York Court of Appeals
Appeal from a judgment. This action was brought to foreclose a mortgage given by the defendant to one Oakley Bunn, the plaintiff’s testator, to secure the payment of $2000, with annual interest, during the natural life of one Lavinia Yaughan the wife of the defendant, for her separate maintenance. The cause came on for trial in October, 1864, before a referee, and judgment was rendered for the plaintiff.
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Appeal from a judgment. This action was brought to foreclose a mortgage given by the defendant to one Oakley Bunn, the plaintiff’s testator, to secure the payment of $2000, with annual interest, during the natural life of one Lavinia Yaughan the wife of the defendant, for her separate maintenance. The cause came on for trial in October, 1864, before a referee, and judgment was rendered for the plaintiff. From the facts disclosed at the trial, it appears that the defendant and his wife lived unhappily together for many years ; and, desiring to live apart, on the 6th day of December, 1851,…
1Opinion of the CourtScrugham, J.
—No discretionary power was conferred upon the plaintiff’s testator by the tripartite agreement or the mortgage executed to him therewith.
The amount which he was authorized to apply to the . support and maintenance of the cestui que trust was not left to his discretion, but was such only as should be actually necessary for that purpose.
The power- was thus perfectly defined, and could be duly executed, as well by another as by the trustee named in the instrument. The trust was in personal property, and, on the death of the trustee, devolved, with the property, upon his representative.
While it…
2Cited by4 opinions
- Curtis v. SmithNew York Supreme Court · 1870
- Mechanics' & Traders' Bank v. CrowNew York Court of Common Pleas · 1874
- Bartlett v. DrewNew York Supreme Court · 1871
- Crowe v. BradyNew York Surrogate's Court · 1879