Ridgeley v. Johnson
New York Supreme Court
This was an action to recover damages for unlawfully entering upon the plaintiff’s land and cutting and carrying away timber. It was tried at the Sullivan circuit, in September, 1850, before Mr. Justice Watson. The complaint stated that the plaintiff being the owner and in possession of subdivision lot No. 47, in the middle allotment of great lot No. 4, of the Hardenburgh patent, in the town of Neversink, the defendants, on the 10th day of June, 1849, entered &e.
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This was an action to recover damages for unlawfully entering upon the plaintiff’s land and cutting and carrying away timber. It was tried at the Sullivan circuit, in September, 1850, before Mr. Justice Watson. The complaint stated that the plaintiff being the owner and in possession of subdivision lot No. 47, in the middle allotment of great lot No. 4, of the Hardenburgh patent, in the town of Neversink, the defendants, on the 10th day of June, 1849, entered &e. The defendants denied that the lands were situated in or belonged to, or formed any part of the Hardenburgh patent, and averred…
1Opinion of the Court
By the Court,
Harris, J.
The judge, at the circuit, was undoubtedly right in holding that the settlement deed, executed as it was by only two trustees, was void, if the third trustee was in fact living at the time of execution. The power of trustees over the subject matter of the trust, is equal and undivided. They can not, like executors, act separately — all must join, both *536in receipts and conveyances. Thus, where a testator gave his estate to two trustees for certain purposes, and, in case one died, authorized the,survivor to execute the trust, the refusal of one to act prevented the other…
2Cases cited5 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Jackson v. OsbornNew York Supreme Court · 1829
- Morris's Lessee v. VanderenSupreme Court of the United States · 1782
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1808
- Healy v. MoulSupreme Court of Pennsylvania · 1819
3Cited by16 opinions
- In re the Estate of KirkmanNew York Surrogate's Court · 1932
- In re the Estate of PelgramNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Accounts of McDowellNew York Surrogate's Court · 1916
- Thatcher v. CandeeNew York Court of Appeals · 1866
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
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