In re Dekay
New York Court of Chancery
In 1826, Henry Eckfbrd and wife conveyed to Sarah Drake. In fee, certain lands in the city of New-York, in trust for her daughter, Janet H. Drake, her heirs and assigns, provided the said Janet did not die under lawful age, and without issue; but if she died under age, and without issue, then for the sole use and benefit of Sarah Drake, the grantee, her heirs and assigns forever.
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In 1826, Henry Eckfbrd and wife conveyed to Sarah Drake. In fee, certain lands in the city of New-York, in trust for her daughter, Janet H. Drake, her heirs and assigns, provided the said Janet did not die under lawful age, and without issue; but if she died under age, and without issue, then for the sole use and benefit of Sarah Drake, the grantee, her heirs and assigns forever. Sarah Drake afterwards died, leaving her daughter Janet, now the wife of George C. Dekay, and who is still a minor, her sole heir at law. The husband, George C. Dekay, presented a petition stating these facts, and…
1Opinion of the Court
The Chancellor.
The petitioner’s counsel is under a mistake in supposing that the property in question is any longer held in trust, so as to give the court any authority or power to appoint a new trustee. It does not distinctly appear whether Mrs. Drake, the original trustee, died before or after the revised statutes went into operation. The ascertainment of that fact, however, cannot be material in this case. If she died before, the legal estate, and her contingent fee in the beneficial use of the property, descended to her daughter as her sole heir; thus uniting the whole legal and equitable…
2Cited by11 opinions
- Asche v. . AscheNew York Court of Appeals · 1889
- Amory v. . LordNew York Court of Appeals · 1853
- Williamson v. Field's ExecutorsNew York Court of Chancery · 1845
- Curtis v. SmithNew York Supreme Court · 1870
- Moffat v. DicksonSupreme Court of Colorado · 1877
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