Douglas v. . Cruger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second j udicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear in the opinion. The trust and interest vested in the appellant by the deed executed by her husband to her trustee are inalienable. (1 R. S., 728, § 55, sub. 3; id. 730, §§ 63, 65; id., 725, § 36; Watson v. Bonney, 2 Sand.
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Appeal from judgment of the General Term of the Supreme Court, in the second j udicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear in the opinion. The trust and interest vested in the appellant by the deed executed by her husband to her trustee are inalienable. (1 R. S., 728, § 55, sub. 3; id. 730, §§ 63, 65; id., 725, § 36; Watson v. Bonney, 2 Sand. Superior Ct. R., 405; L'Amoreaux v. Van Rensselaer, 1 Barb. Ch. R., 34; Grout v. Van Schoonhoven, 1 Sand. Ch. R., 336; Hoyes…
1Opinion of the CourtEarl, J.
This is an action to foreclose a mortgage, and the principal facts are as follows: The mortgaged land in 1837 was owned in fee by the defendant Eliza, who was then a minor about to be married to the defendant John P. Cruger. Prior to the marriage he executed a marriage settlement, by which he agreed to convey to Nicholas Cruger, as trustee, the interest in all her real estate, which on such marriage he might Or would be entitled to during their joint lives, or as tenant by the curtesy or otherwise, in trust to receive the rents and profits of such real estate and apply them to her separate…
2Cases cited2 opinions
- Cruger v. JonesNew York Supreme Court · 1854
- Sparrow v. . KingmanNew York Court of Appeals · 1848
3Cited by38 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Lent v. . HowardNew York Court of Appeals · 1882
- Matter of WentworthNew York Court of Appeals · 1920
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
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