Ferris v. Ferris
New York Supreme Court
This is an action by the administrators of Mary A. Ferris, deceased, against her son, Eugene Ferris, Jr., for an accounting. The said Mary A. Ferris-died intestate in January, 1897. Her husband, Eugene Ferris, died in April, 1887. They resided in Brooklyn. Five children, two of them sons (the defendant being one of them), survived the said parents. A son of a deceased son also survived them. The daughters were all married.
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This is an action by the administrators of Mary A. Ferris, deceased, against her son, Eugene Ferris, Jr., for an accounting. The said Mary A. Ferris-died intestate in January, 1897. Her husband, Eugene Ferris, died in April, 1887. They resided in Brooklyn. Five children, two of them sons (the defendant being one of them), survived the said parents. A son of a deceased son also survived them. The daughters were all married. One lived in Washington, D. 0., one in Atlantic City, FT. J., and one in Brooklyn. The sons were both married, and lived in Brooklyn. The defendant was 31 years old when…
1Opinion of the Court
Gaynor J.:
The question here is not whether the mother knew what she was doing when she signéd the releáses, but how her in*579tention to do so was produced. If not produced by fraud or undue influence, the releases must stand. If a trustee purchase the trust property of himself, or. at his own saló, or deal with himself in any way in respect of it, the transaction is voidable at the election of the beneficiary, without regard to whether it is for an adequate consideration, or advantageous to the beneficiary (Dodge v. Stevens, 94 N. Y. 209). But this rule does not apply to a trustee dealing with…
2Cases cited5 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Carpenter v. . SouleNew York Court of Appeals · 1882
- Dodge v. . StevensNew York Court of Appeals · 1883
- Graves v. . WatermanNew York Court of Appeals · 1876
3Cited by3 opinions
- Irwin v. SimmonsCourt of Appeals for the Second Circuit · 1944
- Swanstrom v. DayNew York Supreme Court · 1905
- Lefurgy v. LefurgyAppellate Division of the Supreme Court of the State of New York · 1918