How have the courts interpreted the terms of a trust agreement where a life-tenant was ordered to repay his trust fund to his executors?

"New York", United States of America

The following excerpt is from Lee v. Horton, 104 N.Y. 538, 11 N.E. 51 (N.Y. 1887):

All of the parties dealt with the fund knowing it to be the subject of a trust, and incapable of alienation, and that its trust character followed it into the hands of any person receiving it with the knowledge of the facts. The executors had authority, upon receiving satisfactory security for its return, to deliver possession of the money to the life-tenant for the duration of his life, and so far the contract was valid; but this was the extent of their power over it, and this plainly appears from the face of the contract. The condition inserted, that the money was not to be repaid in the event of the life-tenant leaving issue him surviving, was clearly illegal, and in law impossible of performance, and could not be set up as a defense against an action by the executors to recover possession of the trust fund. Wetmore v. Porter, supra. The complaint sets out, and the proof establishes, all of the circumstances attending the loan of money; and it is clear, upon the whole case, that the plaintiffs were entitled to recover. No question arises over a misjoinder of actions, or as to the mode of trial, for the record discloses no objection upon these subjects.

Other Questions


How have the courts interpreted the terms of an agreement or written agreement regarding alimony under the Income Tax Act? (Canada (Federal), Canada)
Can a motion to vacate an order of confirmation made at one term, and the order vacating it at another term, be overturned by an appellate court? (MultiRegion, United States of America)
How has the Court interpreted the Agreement of Purchase and Use of the Purchase and Sale Agreement? (Canada (Federal), Canada)
How have the courts interpreted the terms of a Dealer Agreement in the context of an interest free financing arrangement? (Canada (Federal), Canada)
How have the courts interpreted the affidavit required by the Ontario Superior Court to order publication of a summons? (MultiRegion, United States of America)
When faced with a settlement agreement, when will the courts depart from the terms of that agreement? (Canada (Federal), Canada)
Can a federal court order that a defendant be held in contempt of court for failing to comply with a federal contempt order? (MultiRegion, United States of America)
How have the courts interpreted the terms of a plea agreement? (MultiRegion, United States of America)
Can a defendant waive his right to receive translation services provided by a court interpreter under the Court Interpreters Act? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.