Legal Opinion

New v. . Nicoll

New York Court of Appeals

Decided March 19, 1878PublishedCited by 55 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. (Reported below, 12 Hun, 431.) This action was brought against defendant, as trustee, to charge the trust estate in his hands with the amount of a claim for work done and materials used in repairing buildings upon the real estate held in trust.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. (Reported below, 12 Hun, 431.) This action was brought against defendant, as trustee, to charge the trust estate in his hands with the amount of a claim for work done and materials used in repairing buildings upon the real estate held in trust. The facts appear sufficiently in the opinion. It was the duty of the trustee to have the repairs made, and pay for them out of the income of the estate.…

1Opinion of the Court

In 1866 certain real estate in the city of New York was conveyed to the defendant Nicoll upon trust to receive the rents, issues and profits thereof, and after paying therefrom all taxes, assessments and other charges thereon, to apply the rest and residue to the sole and separate use of Sophia V.I. Reynolds, during her natural life, and after her decease upon trust to convey the real estate as she by her last will and testament should direct, and in default of such direction to divide the same among his children. Nicoll took possession of the real estate and assumed the duties of the trust.

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2Cases cited1 opinion

  1. Noyes v. . BlakemanNew York Court of Appeals · 1852

3Cited by55 opinions

  1. Jessup v. . SmithNew York Court of Appeals · 1918
  2. Connally v. W. H. Lyons & Co.Texas Supreme Court · 1891
  3. Schoenherr v. . Van MeterNew York Court of Appeals · 1915
  4. Wells v. MacKay Telegraph-Cable Co.Court of Appeals of Texas · 1921
  5. Solimine v. HollanderNew Jersey Court of Chancery · 1941

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