The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-01

and IL writing, unless the writing ne prcduced-andN
not In wri ing then unless the source Of the information
be particularly stated and also nearly practicable
the language in whichit was communicated Farther
be reserved and To be gyeu at special term
The Carroll VIA Case The OF Carroll Va. Carroll
was postponed until the November terra.
Supreme C0urI-spccfaI Term.
Before Hon. Judge Roosevelt
SEPT 81 .-Crpger Us Cruoer-There trust, says
the statute, shall be expressed in the instrument.
creating the estate-which is the case in the pre-
sent instance-every sole, conveyance, or other &C
of the trustees in contravention OF the trust shall
be absolutely void. And is not mortgage. attended
as 1t must be with power Of sale, act eontrave1
ing trust TO hold the estate and receive its rents and
profits and pay them from time to time to the de
sgnated beneficiary True, proposed TO invest tbs
mortgage money in buildings to be led the trust
premises but is II not Obvious tina. should the buildings
SO erected, from msadap change of fashion,
other cause, become in a yalueless-an occur
renee by improbable unheard of-he whole
estate, soil well supersruc.ure, might be taten to
tat isy the incumbrance? II such mortgage, then by
the trustees however bona 6de their notion
would be absolutely void, this court, by any
previous judicial sanction, prevent that consequence
which the statute has positively attached to the act
Large its jurisdiction IT, both in aS aud equity,
know of such power, even in the supreme Court TO
dispense with the enactments Of the legislature and
make that valid which the law gver has declared sha
be voidn the parties Interested sanctop it is said the
act al d desire that 1t may be ne. But the law
in such trust the parties benehcay interested cannot
assign in any manner dispose Of their interest. How
improve its eesncy It Is VOID as se act o, the rus
therefore, in this view, be 70 in toto there is how
another ASPECT OF the case which possibly may
levs the plaintiffs Of part Of their diAi,ulty Mr.
Cruger should he wish to raise money to improve the
property. may borrow on the security Of judgment
lien and so much Of the rents IS shall not be sary
for his support, will be liable to the claims of the juog
ment creditors statute Of Trusts Sec 81 Under the
circumstances were it not for condition which viii
b.
the whole life income, with very nconsi1era excep
tor, to the JUDGMENT Of creditors. Such judgment
6ed by mortgage covering the reversan of the son.
would it seems to me- be ample security for the pro-
an absolute vested remainder is aenabe No trust is
or in such case could have been attached it beyond
his nnority-two lives having already intervenet, his
being the utmost limit OF suspension allowed by law
But althonah vested and aensbe is it absolutely
The absolute power of Alienation may bs suspended
by other than trussit may be suspended IS in
this instance, By an eventual limitation over Mr. Cru
gers son, although he has survived his mother and
father in which to the language OF the deed
upon the death Of the said John Cuser the father
son-seeminRy not through him and his represents.
tves therefore bound by any mortgage he may exc
date parties to the deed of settlement Nov, future
contingent limitation, to take effect, II ever, the
piration OF not more than two des ives ia being
~ the time of making the settlement suspends by is
own nature the absolute power of for su ,h
lives but NO longer; and, consequently, viewcl oaly In
ton, say although allowable, ordinarily susps ads
alienation here, however, as the substituted grantees
Ss he ha
Operating irIeyocabie appointment Of the future
sstate,) would have the same consequences - in the
limitation to his heirs. In other WORDS he has
the same power ever the estate With the limitation
tate in his death goes to his heirs or assigns
without it, 10 the term assigns rcudes it does de-
yisses BY wiz; the same result precisely viii fol
ration Of law although nominany desasibe is in rea
lily, fee simple absolute vested in interest TO take
effect in possession on the death Of his father 50 that
between the two perfect mortgage already explain
ed, can be given with the single qualification that the
premises or rather the estate for life in them held by
with such annuity the Court viewing all the cir.
cumstapces, shall deem reasonable for his and his chill
pose Of 1t is nalenahle by statute and can only b
nsHatsd y the In what
should be adudged for the support OF the life
beneficiary, difficulty arises from the peculiar condi
rents provides shall be paid Mr. Cruger during his
ire he also during his life, and 50 long as he shall
grandchildren Of said marriage in suitabs manner BY
and out Of said rents issue and profits" Do such
and grandchildren do they merely attach condition
to the principal grant, compliance with which
f.iture then the son, on refusal By the father might
immediately enter and thus iberate the whole estate
and become sole tenant in fee, not In remainder, but in
that case terminated, the estate in the trustees
would by Law immediately But If the terms
intended to- and actually do create legal right IN
the children Of the marriage living at Crugers DEATH
and the @ who may .ierva5ds be born
be enforced in court Of equity, another question then
arises Docs the statute permit the creation Of such In
rents and profits and may apply them 10 tine use Of or
according 70 recent judicial decisions, to pay them 70
Diving 70, ne s q such or for shooter
ting Of person, II not by implication confined TO his
minority certainly TO bis life and thus branch Of
and issue" may be plural yet that circumstance Is
objection as the statute says that whore the singular
number Il used. the plural shall equally be comprehend.
may be after born persons. Tho statute does not, in
terms, conHne the trust to persons in belns Is only
rcstIction In this point s that the persons selected
ahs be so circumstance that the trust In the favor
viii not suspend the absolute power Of for
nature Of things ct be limited tc ono Lfc and that In
being, TO wit, the life OF Mr. Crugcr IT. then the con
dton ates strust in favor of the children
and other issue OF the merrisge, confined IA its
DURATION ss II IT, to desR n,ted Life in being 10 Would
seeIn to be clearly valid And il VALID he interest Is
able a enable because the Law expressly says
1t sha be so, and because the re sons interested
OF them, tho possible grandchildren arc vet 70
be iorn. and cannot be sscernined until tho death of
Mr. Crrgers son, unless he should survse his father
which be nay or may not do On iesurvey OF the
whole ground hep, the conclusion woud be that
the marriage settlement creates in the trustees
for the Gfe ct eat Of Mr. Crnger for his support and
Tie support Of Gil bis descendants by his late wife now
born, or who may hereafter be born during his fehat
neither the estte II the trustees nor the oterest
as IT Ia called Of the beneGciaries can be ssst9ned or
In any manner dispoted Of" except that s'surplus
necessary for the education and support OF this
Cor for whose benefit the trust IL GRATED shall
(w be liable in equity to the claims of the creditors Of
such person (or persons In the manner as other
personal property which cannot be reached br an OK
ecuton st law" r. s. 1872 and that the only estate
in the lend now absolutely and directly aenabe Ia the
remainder in fee, vhsh the death 4 Mrs Cruger
became deeasiby vested in the now of full are and
which, therefore, subject to the pcumbrance Of the
prior quasi life annuity, In event 10 would seem er
ceedlng half tie Yau4 may no 20