De Peyster v. Ferrers
New York Court of Chancery
This case came before the chancellor upon appeal; and the only question in controversy was whether the personal representatives of a trustee, who died previous to the revised statutes, were entitled to the commissions, for executing the trust, which were stipulated to be paid to the trustee by the terms of the trust deed.
1Opinion of the Court
The Chancellor.
This is an appeal from the decision of the vice chancellor of the first circuit, disallowing the claim of the defendant for commissions, under the agreement with the , testator of the 28th of January, 1799. The power of attorney of that date was undoubtedly revocable. And if the claim of the defendant depended upon that alone, it must of course be considered as revoked by the death of Ferrers; so as to leave no further duty to be performed by his personal representatives. But even in such a case I am not prepared to say that the representatives would not be entitled to the…
2Cited by5 opinions
- In re the Assignment for the Benefit of Creditors of TouseyAppellate Division of the Supreme Court of the State of New York · 1896
- Emerson v. BleakleyNew York Court of Appeals · 1867
- Emerson v. BleakleyNew York Court of Appeals · 1867
- In re MagnusNew York Court of Common Pleas · 1893
- Schluter v. Bowery Savings BankNew York Supreme Court · 1888