Nicoll v. Walworth
New York Supreme Court
Error to the superior court of the city of New-York. The suit in the court below was ejectment by the defendant in error to recover the possession of a lot of ground at the corner of West Broadway and Pearl-street, in the city of New-York.
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Error to the superior court of the city of New-York. The suit in the court below was ejectment by the defendant in error to recover the possession of a lot of ground at the corner of West Broadway and Pearl-street, in the city of New-York. The trial took place on the 5th day of February, 1842. Thomas Marston being possessed, as lessee, of a term of fifty years in the premises in question, subject to an annual rent of $275, on the 26th day of February, 1811, executed under his hand and seal, an instrument by which, as therein stated," “ for considerations me moving,” he granted and confirmed…
1Opinion of the Court
By the Court, Jewett, J.
The first inquiry is, what estate passed to Winthrop by the deed from Marston. To the extent of authorizing Winthrop to receive the rents, issues and profits to he applied by him for the support of Hannah Currie for and during her natural life, it was a trust recognized by the common law, and was moreover within the provisions of 1 R. S. 728, § 55, sub. 3, as amended by the act of 1830, chapter 320, section 10. (Gott v. Cook, 7 Paige, 521; Cru. Dig. tit. 12, Trust, ch. 1, §§ 12, 15.) Being an active trust, it vested the entire legal estate in the trustee determinable…
2Cases cited2 opinions
- Gott v. CookNew York Court of Chancery · 1839
- Welch v. AllenNew York Supreme Court · 1839
3Cited by13 opinions
- Toms v. WilliamsMichigan Supreme Court · 1879
- King v. . RhewSupreme Court of North Carolina · 1891
- Bennett v. . GarlockNew York Court of Appeals · 1880
- Rhodes v. CaswellAppellate Division of the Supreme Court of the State of New York · 1899
- Dresser v. TravisNew York Supreme Court · 1902
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