Cheesman v. Thorne
New York Court of Chancery
A suit in partition. The property had been sold; but the buyers refused to complete their purchases. It appeared that Samuel Cheesman, the ancestor from whom the title was derived, had devised one third of the estate to his son, the complainant John B. Cheesman, in fee; and the remaining two thirds therof to the said John B. Cheesman and the defendant John W. Messinger, .in trust, as to one of such two thirds, for the use and benefit of fills daughter, the defendant Sarah,…
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A suit in partition. The property had been sold; but the buyers refused to complete their purchases. It appeared that Samuel Cheesman, the ancestor from whom the title was derived, had devised one third of the estate to his son, the complainant John B. Cheesman, in fee; and the remaining two thirds therof to the said John B. Cheesman and the defendant John W. Messinger, .in trust, as to one of such two thirds, for the use and benefit of fills daughter, the defendant Sarah, the wife of Samuel Thorne, for and during the term of her natural life, with remainders, over of such one third in fee to…
1Opinion of the Court
The "Vice-Chancem.or.
The objections in this case are not raised by any of the parties. They are made by the purchasers only.
1. I do not see that the complainant, John B. Cheesman, is debarrred froto bringing a suit in partition simply because he is a trustee for ^another. He is, in his own right, a tenant in common; and, by staítiíe, both at law and in equity, he has this power. His being -a trustee cannot destroy or affect his individual vested rights. So far, therefore, I think the objections not tenable.
2. Then, as to the rights of persons not in esse. All from whom such after-corners can…
2Cited by9 opinions
- Mead v. . MitchellNew York Court of Appeals · 1858
- Downin v. SprecherCourt of Appeals of Maryland · 1872
- Fox v. BartonAppellate Division of the Supreme Court of the State of New York · 1897
- Cram v. WalkerAppellate Division of the Supreme Court of the State of New York · 1916
- Mead v. MitchellNew York Supreme Court · 1857
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