People v. Robinson
New York Supreme Court
COMMON law certiorari, issued by the supreme court, on the application of Mary Keenholts, to A. D. Robinson, Albany county judge, Titus Rushmore, James B. Wands and John I. Groesheck, referees, to remove into this court for review the proceedings had before the referees, who were appointed by the said county judge to hear and determine the appeal of Jew I. Jewett from the order of the commissioners of highways of the town of Guilderland, in that county, laying out a private…
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COMMON law certiorari, issued by the supreme court, on the application of Mary Keenholts, to A. D. Robinson, Albany county judge, Titus Rushmore, James B. Wands and John I. Groesheck, referees, to remove into this court for review the proceedings had before the referees, who were appointed by the said county judge to hear and determine the appeal of Jew I. Jewett from the order of the commissioners of highways of the town of Guilderland, in that county, laying out a private road. From the return of the judge and referees to the writ, it appeared that Mary Keenholts, on the 16th day of…
1Opinion of the Court
By the Court, Gould, J.
There is no dispute about the facts in this case, and they sufficiently appear by the return to the certiorari, upon' which the case comes before us. But the points really taken on the argument are, 1st, has this executor any right to continue the proceedings commenced by his testatrix ? By her will the executor was authorized to control and manage the real estate, during the minority of the devisees; to “receive the rents, issues and profits” thereof, and to expend them for certain specified uses. He is thus, though called executor, the trustee of a valid active trust,…
2Cases cited2 opinions
- Fowler v. LansingNew York Supreme Court · 1812
- Bowen v. ArgallNew York Supreme Court · 1840
3Cited by3 opinions
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- West v. McGurnNew York Supreme Court · 1864
- People ex rel. Fairchild v. Commissioners of the Department of Fire & BuildingsNew York Court of Appeals · 1887