Coutant v. Servoss
New York Supreme Court
In Equity. This was an appeal from a decree of the late assistant vice chancellor of the first circuit. On or about the first day of July, 1836, John Pintard, of the city of New-York, purchased for the sum of $1380, of one Charles Smith, 48 lots of ground in the village of Jamaica, and took from said Smith and his wife a conveyance to himself in trust for his two infant grandsons, John Piqtard Servoss and Elias Boudinot Servoss, with power to the grantee to grant, bargain,…
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In Equity. This was an appeal from a decree of the late assistant vice chancellor of the first circuit. On or about the first day of July, 1836, John Pintard, of the city of New-York, purchased for the sum of $1380, of one Charles Smith, 48 lots of ground in the village of Jamaica, and took from said Smith and his wife a conveyance to himself in trust for his two infant grandsons, John Piqtard Servoss and Elias Boudinot Servoss, with power to the grantee to grant, bargain, sell and convey those lots, or any part thereof, for such sum or sums, and at such times as to him should seem proper,…
1Opinion of the Court
By the Court,
Strong, P. J,
There is nothing to show that the late John Pintard was a general trustee for his infant grandchildren, who are defendants in this cause. The presumption is that the trust was created by the deeds from Charles Smith and wife, which define its nature and extent. Those deeds purported to convey the lands in fee to Pintard, in trust for his different grandchildren, and to confer upon him full power and authority to grant, bargain, sell and convey the same, and to make and execute the necessary conveyances, for their benefit. The defendants’ counsel contend that these…
2Cases cited4 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Williams v. WoodardNew York Supreme Court · 1829
- Von Horne v. CrainNew York Court of Chancery · 1829
- Lynde v. BuddNew York Court of Chancery · 1830
3Cited by12 opinions
- Faulk v. DashiellTexas Supreme Court · 1884
- Price v. CourtneySupreme Court of Missouri · 1885
- Boies v. . BenhamNew York Court of Appeals · 1891
- Trutch v. BunnellOregon Supreme Court · 1883
- Stump v. WarfieldCourt of Appeals of Maryland · 1906
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