Cooke v. . Platt
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made December 1, 1884, which reversed an order of Special Term authorizing and directing James M. Smith, a receiver appointed in this action in place of the executors of the will of Nathan C. Platt, deceased, to sell certain premises of which the testator died seized.
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Appeal from order of the General Term of the Superior Court of the city of New York, made December 1, 1884, which reversed an order of Special Term authorizing and directing James M. Smith, a receiver appointed in this action in place of the executors of the will of Nathan C. Platt, deceased, to sell certain premises of which the testator died seized. Said testator died on or about the 4th day of July, 1863, “ I nominate and appoint my sons William H. Platt, Nathan C. Platt and Spencer 0. Platt executors of this my last will and testament. I give, devise and bequeath all the estate, real and…
1Opinion of the CourtAndrews, J.
The intention of the testator, manifested by his will, to vest in his executors the legal title to his real es tate, in trust, was ineffectual, notwithstanding the express devise to them, unless the devise was upon one or more of the express trusts authorized by statute. The attempt of a testator to devise his lands upon an unauthorized trust does not intercept the passing of the legal title to his heirs or ultimate devisees or beneficiaries. The statute to this extent frustrates a testator’s intention, but it preserves it so far as to enable the trustees to perform the trust through the…
2Cases cited2 opinions
- Leggett v. . HunterNew York Court of Appeals · 1859
- Heermans v. . BurtNew York Court of Appeals · 1879
3Cited by49 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Matter of TienkenNew York Court of Appeals · 1892
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- Platt v. . PlattNew York Court of Appeals · 1887
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