Van Cott v. . Prentice
New York Court of Appeals
Appeal by defendants from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9,1885, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court; also appeal by plaintiff from so much of said order as reversed an order of Special Term permitting an amendment of the summons and complaint.
Read the full summary
Appeal by defendants from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9,1885, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court; also appeal by plaintiff from so much of said order as reversed an order of Special Term permitting an amendment of the summons and complaint. (Reported below, 35 Hun, 317.) This action was brought against defendants as executors of the will of John H. Prentice, deceased, to recover possession of certain securities which came to the hands of…
1Opinion of the CourtFinch, J.
Tbe objection that the trust here sought to be enforced was voluntary and without consideration has no weight, if it was, in fact, fully and completely constituted. (Young v. Young, 80 N. Y. 422, 437; Jones v. Lock, L. R. 1 Ch. 25.) By what the grantor denominated his deed of trust he transferred to the trustee named and appointed in the instrument, the securities and funds now in question, directing the income, during his life, to be paid to Clarence King, to be by him appropriated to the use of, Mrs. Howland and her three daughters in specified proportions, and at his death the principal to…
2Cases cited2 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by91 opinions
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Ransdel v. MooreIndiana Supreme Court · 1899
- Allen v. HendrickOregon Supreme Court · 1922
86 more not listed; retrieve them via the Exa API.