Brown v. Spohr
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elliot 0. Brown, an infant, by Charles W. Eloyd, his guardian ad litem, from a judgment of the Supreme Court-in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of May, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiff, Elliot 0. Brown, an infant, by Charles W. Eloyd, his guardian ad litem, from a judgment of the Supreme Court-in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of May, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. The appellant is an infant son of Joseph H. Brown, deceased,, who was the settlor of the trusts hereinafter mentioned. The action is brought for the cancellation of the deeds of trust upon the ground that the trusts are…
1Opinion of the Court
Laughlin, J.:
The appellant contends that each of these trusts is invalid, first, because the subject-matter was not identified in such manner at the .time it was created that the legal title could or did pass to the trustees ; second, because there was no adequate delivery of the subject-matter ; third, because the promissory notes had neither legal inception nor sufficient consideration to support them, and, fourth, because there was no intent to create a trust which should become legally operative during the settlor’s life and that his intention was to make a testamentary disposition of the…
2Cases cited3 opinions
- Greene v. . GreeneNew York Court of Appeals · 1891
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Matson v. AbbeyNew York Supreme Court · 1893
3Cited by7 opinions
- Allen v. HendrickOregon Supreme Court · 1922
- Schreyer v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1905
- McGillivray v. First National BankNorth Dakota Supreme Court · 1927
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
- Wilcox v. HubbellMichigan Supreme Court · 1917
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