Bryan v. Knickerbacker
New York Court of Chancery
This was an appeal by the defendants from a decree of the late vice chancellor of the second circuit. In May, 1828, the defendant, N. V. Knickerbacker, conveyed to his father, J. Knickerbacker, the other defendant in this suit, all his real and personal estate, consisting of lands in various counties, and about $15,000 in money then in the hands of the grantee.
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This was an appeal by the defendants from a decree of the late vice chancellor of the second circuit. In May, 1828, the defendant, N. V. Knickerbacker, conveyed to his father, J. Knickerbacker, the other defendant in this suit, all his real and personal estate, consisting of lands in various counties, and about $15,000 in money then in the hands of the grantee. The conveyance was in fee, but upon the face of the deed it was declared to be upon trust, that the grantee, or his assigns, or such other person, or persons, ás he should, by will, appoint for that purpose, should dispose of, lease,…
1Opinion of the Court
The Chancellor.
The technical objection made by the counsel for the appellants, that the judgment of one of the complainants was less than $100, cannot be sustained. That question was examined by this court in the case of Sizer and others v. Miller, (9 Paige’s Rep. 605;) and the objection was decided to be invalid.
The vice chancellor has not, by the decree, in terms declared the trust created in this case void, as to the personal estate conveyed to the trustee. But he has done so in effect, by declaring that the judgments of the complainants, for debts created subsequent to the execution of…
2Cited by23 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Graff v. . BonnettNew York Court of Appeals · 1865
- Genet v. . HuntNew York Court of Appeals · 1889
- McIlvaine v. SmithSupreme Court of Missouri · 1867
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