Reports of Cases Heard and Determined in the Supreme Court of the State of New York; At General Term, Not Reported in the Official Series, from March, 1889 [To 1890] Volume 4

Reports of Cases Heard and Determined in the Supreme Court of the State of New York; At General Term, Not Reported in the Official Series, from March, 1889 [To 1890] Volume 4

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ... that he did so frame it and provided by this direction only for the continuance of the trust when the person becoming entitled to the estate should be an individual different from John Arnot or Richard Suydam Palmer. The expression of this intent has been so clearly made as to produce the immediate vesting of the share of this deceased Opinion of the Court, by Daniels, J. brother upon his decease in his surviving brother. As to that, it has declared no continuation whatever of the trust in this share of the property during the minority of this survivor. But the share of the deceased brother was designed to vest at once and absolutely in him. And the fact of his minority at the time of such decease was not made in any respect a qualification of his right to the absolute title. It may very well be that the grantor of the estate did not anticipate the occurrence of the death of either of these sons during the minority of the survivor. But the direction for the disposition of the share of the deceased brother has been given in such general language as to include and provide for this event, even though it occurred as it did within the minority of the surviving brother. The fact that the survivor being an infant could not be discreetly entrusted with the estate is of no moment. For as to that the law has provided the means by which it shall be managed and possessed and the interests of this surviving brother to be cared for and protected. The deeds in controversy provided and directed that the rents and profits of one-half part of this quarter of the property should be received by the trustee and applied to the use of John Arnot Palmer during his life. This, however, was subjected to the further qualification that upon his attaining the age of thirty...show more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123651100X
  • 9781236511003