Curtis v. Smith
New York Supreme Court
DEMURRER, to complaint. The complaint sets forth the death, on 8th of June, 1860, of Alida M. Benson, probate of her will in Cook county, Illinois—her place of residence—August 7, 1860 ; its probate in Monroe county, December 4, 1869. That one bfelson Collins was appointed trustee for Homer Collins, an infant, and his son, as to certain personal property which came to his possession while a resident of this State; that he died in the West Indies, January 18, 1861, leaving no…
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DEMURRER, to complaint. The complaint sets forth the death, on 8th of June, 1860, of Alida M. Benson, probate of her will in Cook county, Illinois—her place of residence—August 7, 1860 ; its probate in Monroe county, December 4, 1869. That one bfelson Collins was appointed trustee for Homer Collins, an infant, and his son, as to certain personal property which came to his possession while a resident of this State; that he died in the West Indies, January 18, 1861, leaving no appointment as authorized under the will, affecting the trust property. That the infant, Homer Collins, has always…
1Opinion of the CourtJames C. Smith, J.
It is insisted by counsel in support o.f the demurrer, that the court has no't jurisdiction of the subject matter of the action. The claim is put upon the ground that the trust fund is in the State of Connecticut, all the defendants reside there, and on the death of the former trustee, in that State, the title to the trust fund which was then in his possession' passed to his personal representatives, according to the rule of the common law, which it is to be presumed was then in force in that State, there being no averment to the contrary, in the complaint. Or, in other words, the property is…
2Cases cited3 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- In re DekayNew York Court of Chancery · 1834
- Bunn v. VaughanNew York Court of Appeals · 1867
3Cited by5 opinions
- Freeman v. PrendergastSupreme Court of Georgia · 1894
- Jenkins v. LesterMassachusetts Supreme Judicial Court · 1881
- Farmers' Loan & Trust Co. v. PendletonNew York Supreme Court · 1902
- Crowe v. BradyNew York Surrogate's Court · 1879
- In re HowellNew York Court of Common Pleas · 1881