Baltes v. . Union Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 6, 1902, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of February 19, 1887, whereby the parties agreed to distribute the trust property is absolutely void.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 6, 1902, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of February 19, 1887, whereby the parties agreed to distribute the trust property is absolutely void. (N. Y. L. Ins. & Trust Co. v. Hoyt, 161 N. Y. 1; Hone v. Schaick, 7 Paige, 234; L'Amoureux v. Van Rensselaer, 1 Barb. Ch. 34; Vail v. Vail, 7 Barb. 235 ; Cruger…
1Opinion of the Court
Cullen, Ch. J.
Though" this case was argued before us with great elaboration we think there is a conclusive objection to the maintenance of the action which renders it necessary to discuss only that single point. The claim of the plaintiff is that his testator, one Edmund Waring, on the 16th day of March, 1881, transferred certain securities to his son, William E. Waring, in trust to collect the income thereon and pay therefrom to said Edmund Waring the sum of $4,800 annually, the surplus income to be divided equally between the grantor’s two children, said William E. Waring and Katharine Gr.…
2Cases cited6 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Ham v. . Van OrdenNew York Court of Appeals · 1881
- Sheridan v. HouseNew York Court of Appeals · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Clowe v. . SeaveyNew York Court of Appeals · 1913
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
- Oliver v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
- Backer v. LevyCourt of Appeals for the Second Circuit · 1936
- Bradley & Currier Co. v. WardAppellate Division of the Supreme Court of the State of New York · 1897
2 more not listed; retrieve them via the Exa API.