Hull v. . Palmer
New York Court of Appeals
Appeal from a judgment entered March 31,1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a judgment of Special Term sustaining demurrers to and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment entered March 31,1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a judgment of Special Term sustaining demurrers to and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Francis J. Palmer had an absolute right (independent of any exercise of discretion by the testamentary trustee) to the principal sum of $50,000 when he should become financially solvent and able to pay his just debts and liabilities from resources other than the principal of…
1Opinion of the CourtMiller, J.
The plaintiff, a trustee in bankruptcy, seeks in this action to reach the principal of a trust fund bequeathed by the fourth clause of the will of Francis J. Palmer’s father, which provides: “I give and bequeath and direct that there shall be paid as soon as conveniently may he after my death, to the Farmers’ Loan and Trust Company, the sum of Fifty Thousand Dollars, to be held by said The Farmers’ Loan and Trust Company, in trust, for the following uses and purposes, to wit: To invest said money and keep it invested in such securities as to my said trustee may seem proper, and to pay or…
2Cases cited1 opinion
- The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
3Cited by8 opinions
- Hull v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1917
- Jones v. HarrisonCourt of Appeals for the Eighth Circuit · 1925
- Beals v. CroughwellNebraska Supreme Court · 1941
- Kammholz v. AllenDistrict Court, S.D. New York · 1957
- In re the Accounting of DohrmanNew York Supreme Court · 1949
3 more not listed; retrieve them via the Exa API.