Woodbridge v. Bockes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen F. Woodbridge, as substituted trustee under the last will and testament of Samuel Freeman, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Sara-toga on the 13th day of December, 1899, upon the decision of the court rendered after a trial at the Saratoga Special Term dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the…
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Appeal by the plaintiff, Helen F. Woodbridge, as substituted trustee under the last will and testament of Samuel Freeman, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Sara-toga on the 13th day of December, 1899, upon the decision of the court rendered after a trial at the Saratoga Special Term dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 11th day of December, 1899, granting to the defendant an extra allowance. This appeal was transferred from the third…
1Opinion of the Court
Laughlin, J.:
The appointment of plaintiff as sole trustee was incompatible with her position as cestui gue trust. (Losey v. Stanley, 147 N. Y. 560, 568.) She was and is individually liable to the estate for funds and property had and received to her own use and probably for Unwarranted investments made by herself and her husband. (Earle v. Earle, 93 N. Y. 104; Perry v. Foster, 62 How. Pr. 228, 232 ; Booth v. Booth, 1 Beav. 125 ; Chillingworth v. Chambers, L. R. [1896], 1 Ch. Div. 685, 707.) It appears to us, therefore, that the sole beneficiary of the express trust should not have been made…
2Cases cited34 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- In re the Estate of WagnerNew York Court of Appeals · 1890
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Graff v. . BonnettNew York Court of Appeals · 1865
29 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re the Judicial Settlement of the Account of JarvisNew York Surrogate's Court · 1920
- In re the Estate of HaymanNew York Surrogate's Court · 1929
- In re the Estate of JacobsNew York Surrogate's Court · 1935
- In re the Judicial Settlement of the Account of Proceedings of Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of KernNew York Surrogate's Court · 1936
9 more not listed; retrieve them via the Exa API.