Van Rensselaer v. Morris
New York Court of Chancery
The bill in this cause was filed against the defendant for an account, as trustee of John Cullen, deceased; James Yan Rensselaer, one of the complainants, being the administrator with the will annexed, and the other complainants the devisees and legatees of Cullen.
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The bill in this cause was filed against the defendant for an account, as trustee of John Cullen, deceased; James Yan Rensselaer, one of the complainants, being the administrator with the will annexed, and the other complainants the devisees and legatees of Cullen. The principal ques tian in the cause was, whether the avails of 26 lots of lan in the city of Albany, belonging to the trust fund, were included in a settlement of the trust properly made on the 11th November, 1822, between James Yan Rensselaer, one of the complainants, and Arthur Breese, the attorney and agent ' of the defendant;…
1Opinion of the Court
The Chancellor :—Prom the exhibits and proofs in this case, taken in connection with the defendant’s answer, there cannot be a doubt that no specific settlement or account has ever been made or rendered, in relation to the twenty-six lots of land in Albany. It is not even pretended by the defend*15ant in Ms answer. He says, generally, that the first receipt embraced transactions relative to the trust property. But Ms letter of November, 1826, even as explained by his answer, shows clearly that it could not have been settled at the time of giving the first receipt, although the bond and mortgage…
2Cases cited2 opinions
- Colton v. RossNew York Court of Chancery · 1831
- Ensworth v. DavenportSupreme Court of Connecticut · 1832
3Cited by5 opinions
- Dilworth v. CurtsIllinois Supreme Court · 1891
- Larkin v. MannNew York Supreme Court · 1868
- Taylor & Myers v. ConnerMississippi Supreme Court · 1868
- United States v. MartinU.S. Circuit Court for the District of Northern New York · 1832
- Happy v. MosherNew York Supreme Court · 1866