In re Turner
New York Supreme Court
This was a petition for an order 'to sell real estate, held in trust; and partly, for the benefit of infants. The petition ■showed that Duncan Turner retired from mercantile business in 1830, and took possession of a farm in the county of St. Lawrence, which the petitioners desired to sell, and that could be sold for $6000. In 1836 he established his sons, Peter C. Turner and another in mercantile business in Ogdensburgh, with a capital of $10,000. Peter, having bought out…
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This was a petition for an order 'to sell real estate, held in trust; and partly, for the benefit of infants. The petition ■showed that Duncan Turner retired from mercantile business in 1830, and took possession of a farm in the county of St. Lawrence, which the petitioners desired to sell, and that could be sold for $6000. In 1836 he established his sons, Peter C. Turner and another in mercantile business in Ogdensburgh, with a capital of $10,000. Peter, having bought out his brother, became intemperate, and in 1840, embarrassed, upon which Duncan closed up the business and paid his debts,…
1Opinion of the CourtHand, J.
The petition makes out a strong case, and if the court has power to grant the relief, I have no doubt to do so would be advantageous to all that are now interested in this trust. The state of the property and the situation of his son and of his son’s family have, it is to be feared, in a great measure frustrated the kind intentions and the liberality of this venerable and excellent parent.
It is clear from the petition that the income would be greatly increased by a sale, and, in the language of an eminent chancellor in a similar case, “ I wish very well to the application if I can find a…
2Cases cited4 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Jackson v. EdwardsCourt for the Trial of Impeachments and Correction of Errors · 1839
- In re G. C. DavisonNew York Court of Chancery · 1836
3Cited by5 opinions
- In re RennNew York Supreme Court · 1941
- Wolcott v. SchenckNew York Supreme Court · 1862
- Campbell v. RobertsonSupreme Court of Georgia · 1879
- Deen v. CozzensThe Superior Court of New York City · 1867
- Schmitt v. KahrsNew York Surrogate's Court · 1882