Matter of Carpenter
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1891, which reversed an order of Special Term appointing a trustee in the place of George A. Pierce, a deceased trustee. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1891, which reversed an order of Special Term appointing a trustee in the place of George A. Pierce, a deceased trustee. The facts, so far as material, are stated in the opinion. A trust of personalty is not within the Statute of Uses and Trusts, and may be created for any purpose not forbidden by law; it may be created without writing, and the delivery of the property is sufficient to pass the title. (Gilman v. McArdle, 99 N. Y. 451; 12 Abb. [N. C.] 427, note; Martin v. Tunk, 75 N.…
1Opinion of the CourtAndrews, J.
The petitioner was entitled, under the act chapter 185 of the Laws of 1882, to have a new trustee appointed in place of George A. Pierce, the deceased trustee, upon a prima facie case being made, not conclusively disproved, showing that the notes, money and securities in the hands of the adminstrator of Pierce, referred to in the petition, were either held by Pierce at his decease as trustee for the petitioner, or were the proceeds of the trust estate. (Mat ter of Warring, 99 N. Y. 114.) The appointment of a new trustee would not conclude the representatives of the estate of Pierce in any…
2Cases cited2 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Matter of Petition of WaringNew York Court of Appeals · 1885
3Cited by25 opinions
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Hirsh v. . AuerNew York Court of Appeals · 1895
- Matter of RunkNew York Court of Appeals · 1911
- Congdon v. CongdonSupreme Court of Minnesota · 1924
- In re MeekerNew York Surrogate's Court · 1929
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