Hooley v. Gieve
New York Court of Common Pleas
Í Trial by the court. Lucy Hooley and Abraham Gr. Hooley, Edwin S. Hooley and Samuel B. Hooley, by Francis B. Bives, their guardian, brought an action against Abraham Grieve and Samuel Gr. Cutts, individually and as trustees under the last will of Abraham Hooley, deceased, to> procure—first, an account of the trust property and effects; and second, to remove the defendants from their office as trustees.
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Í Trial by the court. Lucy Hooley and Abraham Gr. Hooley, Edwin S. Hooley and Samuel B. Hooley, by Francis B. Bives, their guardian, brought an action against Abraham Grieve and Samuel Gr. Cutts, individually and as trustees under the last will of Abraham Hooley, deceased, to> procure—first, an account of the trust property and effects; and second, to remove the defendants from their office as trustees. The plaintiffs were the widow and infant children of Abraham Hooley, Jr., who before and at the time of his death was engaged in business in New York with the defendant Grieve and one…
1Opinion of the CourtVan Hoesen, J.
The trustees, Abraham Gieve and Samuel G. Cutts, have been guilty of flagrant breaches of trust, and consequently must be removed. There is no doubt that both Gieve and Cutts reasoned themselves into the conclusion that it was excusable, if not commendable, to put the trust fund in hazard by using it in the business, which they launched shortly after Mr. Hooley’s death. Where a man fancies he can make large profits to himself by abusing a trust confided to him, he usually has no difficulty in inventing excuses for his wrongful conduct, and not infrequently he deceives himself as to his own…
2Cases cited99 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Stein v. BowmanSupreme Court of the United States · 1839
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
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3Cited by9 opinions
- Russell v. . McCallNew York Court of Appeals · 1894
- In re the Estate of RubinNew York Surrogate's Court · 1938
- In re the Estate of MorrellNew York Surrogate's Court · 1935
- Beste v. BurgerNew York Court of Common Pleas · 1885
- Kilhoffer v. ZeisNew York Supreme Court · 1919
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