Martling v. Martling
New Jersey Court of Chancery
On appeal from a decree advised by Vice-Chancellor Pitney, who delivered the following opinion : The bill is by a cestui que trust against tbe infant beirs-at-law of the surviving trustee and the children and heir apparent of the cestui que trust. The subject of the trust is land.
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On appeal from a decree advised by Vice-Chancellor Pitney, who delivered the following opinion : The bill is by a cestui que trust against tbe infant beirs-at-law of the surviving trustee and the children and heir apparent of the cestui que trust. The subject of the trust is land. The prayer is, first, that the trust may be decreed to have been surrendered and determined; or, second, that the infant trustee may be decreed to convey the land without consideration to such person as the cestui que trust shall direct; or, third, that the infant trustee be removed and a new trustee be appointed.…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The bill in this case was filed for the construction of certain trusts created by a deed of conveyance of land. The prayer is (1) that the trust may be declared surrendered and determined ; (2) that the infant trustee (the original trustees being dead) may *779be decreed to convey without consideration to such person as Mrs. Martling may direct; and (3) that new trustees be appointed in lieu of the infant trustee.
The premises described in the trust deed were conveyed to the trustees subject to two mortgages — the one given by Henry Van Glahn and…
2Cases cited2 opinions
- Croxall v. ShererdSupreme Court of the United States · 1867
- Lippincott v. DavisSupreme Court of New Jersey · 1896
3Cited by10 opinions
- Haver v. HerderNew Jersey Court of Chancery · 1924
- Siesel v. MandevilleNew Jersey Court of Chancery · 1947
- In Re KuserNew Jersey Superior Court Appellate Division · 1942
- Sevel v. SwarzmanNew Jersey Superior Court Appellate Division · 1954
- Skovborg v. SmithNew Jersey Superior Court Appellate Division · 1950
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