Garner v. Thorn
The Superior Court of New York City
The action is brought by Harriet H. Garner, widow of Thomas Garner, Jr., deceased, and her daughter Fanny M. Garner, the only child of Harriet H. and Thomas Garner, Jr., for the purpose of securing and protecting a trust of $1,000,000. A concise statement of the complaint is important to show the origin and history of the trust.
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The action is brought by Harriet H. Garner, widow of Thomas Garner, Jr., deceased, and her daughter Fanny M. Garner, the only child of Harriet H. and Thomas Garner, Jr., for the purpose of securing and protecting a trust of $1,000,000. A concise statement of the complaint is important to show the origin and history of the trust. Thomas Garner, Sr., by a bequest in his will gave to his son Thomas Garner, Jr., the sum of $-1,000,000 to be paid to him within eighteen months after the father’s death. His son William T. Garner qualified as sole executor, and by the terms of the trust was bound to…
1Opinion of the CourtSpeir, J.
It is apparent, from the foregoing concise statement of the complaint, that the one subject-matter of the action is the trust, and the cause of action the several violations and misappropriations of which it has been the subject.
The object of the suit is a legitimate one, and peculiarly appeals to a court of equity to accomplish its purpose. If the allegations are true, and as such they are to be taken on this demurrer, this is an unjustifiable and inexcusable disregard of the plain performance- of a duty voluntarily assumed by executors and trustees, and a willful and fraudulent…
2Cited by8 opinions
- Holmes v. AbbottNew York Supreme Court · 1889
- Donnelly v. LambertAppellate Division of the Supreme Court of the State of New York · 1901
- Denslow v. BushThe Superior Court of the City of New York and Buffalo · 1894
- United States Life Ins. v. JordanNew York Supreme Court · 1887
- Bradner v. HollandNew York Supreme Court · 1884
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