Mann-Vynne v. Equitable Trust Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to the provisions of section 546 of the Civil Practice Act. Under date of February 21, 1918, the plaintiff conveyed to the defendant trust company certain premises situated in the borough of Manhattan, New York, upon certain trusts.
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Submission of a controversy upon an agreed statement of facts pursuant to the provisions of section 546 of the Civil Practice Act. Under date of February 21, 1918, the plaintiff conveyed to the defendant trust company certain premises situated in the borough of Manhattan, New York, upon certain trusts. The grantee accepted the conveyance and executed the trust as therein provided until the plaintiff questioned the validity of the trust and demanded that the trust deed be canceled and rescinded and that the premises be reconveyed to her and thereupon the trustee fully accounted to that date…
1Opinion of the Court
Laughlin, J.:
The plaintiff contends that the provisions of the deed of trust directing the application of the rents toward the payment of the mortgage and note and interest thereon constitute an attempted accumulation of the rents and profits of real property in violation of the provisions of section 61, subdivision 1, of the Real Property Law (as amd. by Laws of 1915, chap. 670). The defendant concedes that the provisions directing the application of income toward the payment of an incumbrance on the trust property is void; but it has been authoritatively held that the prohibition of the…
2Cases cited10 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- Hascall v. . KingNew York Court of Appeals · 1900
- Pray v. . HegemanNew York Court of Appeals · 1883
- Appell v. AppellAppellate Division of the Supreme Court of the State of New York · 1917
- Appell v. . AppellNew York Court of Appeals · 1917
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3Cited by1 opinion
- In re the Estate of JacobsNew York Surrogate's Court · 1934