Prichard v. . Thompson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 2, 1883, which affirmed a judgment. (Reported below, 29 Hun,. 295.) The nature of the action and the material facts are stated in the opinion. The executors are mere naked trustees, with power to give upon a certain contingency ; there is nothing compulsory about it.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 2, 1883, which affirmed a judgment. (Reported below, 29 Hun,. 295.) The nature of the action and the material facts are stated in the opinion. The executors are mere naked trustees, with power to give upon a certain contingency ; there is nothing compulsory about it. (Perry on Trusts, 228, § 248.) The court could not execute the power in default of an appointment. (Perry on Trusts, 232, § 252.) The contingencies, the events upon which this executory devise is to…
1Opinion of the CourtMiller, J.
This action was brought for the purpose of obtaining the judgment of the court as to the construction to. be placed upon the tenth article of the last will and testament of William D. Thompson, deceased, and to determine to whom the income of the trust fund, therein mentioned, belongs, and to obtain the judgment of the court as to the powers and duties of the executors and trustees under the said tenth article, and for direction as to the execution of the trust thereby created • in view of the refusal of the defendant and appellant, one of the said executors and trustees, to recognize the…
2Cases cited1 opinion
- Power v. . CassidyNew York Court of Appeals · 1880
3Cited by40 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Allen v. . StevensNew York Court of Appeals · 1899
- Holland v. . AlcockNew York Court of Appeals · 1888
- Read v. . WilliamsNew York Court of Appeals · 1891
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
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