Abell v. Bradner
New York Supreme Court
Appeal from an interlocutory judgment entered upon the decision of the Livingston county special term, adjudging that the defendant, Andrew J. Holder, in his capacity of assignee, held the lands described in the complaint in trust, and also providing that the defendant, Alonzo_ Bradner, render an account of the rents and income derived from the premises.
1Opinion of the CourtBarker, J.
—The title of the land in question is vested in the defendant Holder, the assignee, for the benefit of the ■creditors of the defendant Bradner. The plaintiffs, who are the children and heirs-at-law of David H. Abell, claim that Holder holds the title in trust by the terms of an oral agreement made with the defendant Bradner for their benefit. And they prosecute this action for the purpose of having the trust declared and also carried into effect by the judgment of the court.
The interlocutory decree sustains the alleged trust in all material particulars, and the referee was ordered to take an…
2Cases cited4 opinions
- Sweet v. JacocksNew York Court of Chancery · 1837
- Parkist v. AlexanderNew York Court of Chancery · 1815
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
- Hollingsworth v. . SpauldingNew York Court of Appeals · 1873