Deen v. Cozzens
The Superior Court of New York City
This was an application by the plaintiffs (some of whom were Iminors) as cestuis que trust, to compel the defendants to apply a portion of the principal of the trust fund in his hands for their support. The action was brought against the defendant as trustee of the plaintiffs, for an account of the profits of the trust fund, and for other purposes.
Read the full summary
This was an application by the plaintiffs (some of whom were Iminors) as cestuis que trust, to compel the defendants to apply a portion of the principal of the trust fund in his hands for their support. The action was brought against the defendant as trustee of the plaintiffs, for an account of the profits of the trust fund, and for other purposes. A motion was made in it, to compel him to pay the trust fund into court, and for other relief, upon a petition of the plaintiffs. Such petition set forth that one of the petitioners, (Elizabeth W. Deen,) about the first of January, 1850, prior to…
1Opinion of the CourtJones, J.
The allegations contained in the petition of the plaintiffs naturally lead the mind to the conclusion that the defendant held a large trust fund, but obstinately and without cause refused to apply the income accrued from the fund to the legitimate purpose of the trust, so that the beneficaries of the trust were by reason of such obstinate and unlawful refusal now starving and homeless, and so obliged to come into court to compel the trustee to perform the duties imposed on him by the trust.
The affidavit of the defendant dispelled this idea, and showed that instead of having harshly and…
2Cases cited2 opinions
- In re G. C. DavisonNew York Court of Chancery · 1836
- In re TurnerNew York Supreme Court · 1851