Smith v. Terry
This text of 24 Misc. 228 (Smith v. Terry) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the resumption of the marital relation the agreement of separation and the trust founded thereon ceased (Zimmer v. Settle, 124 N. Y. 37); and ipso facto the estate of the trustee also ceased and the title reverted to the husband (Kip v. Hirsh, 103 N. Y. 565; Chaplin on Express Trusts and Powers,sec. 524). It follows that the wife got title in fee to the land in question by the will of the husband, and that the plaintiffs’ title is from her and subject to her lease to the defendant. I do not [230]*230find that the resumption of the marital relation was upon an agreement- that the separation trust should continue, if sp.ch a result could be effected by an oral agreement as is claimed.. ^
Judgment for defendant.
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Cite This Page — Counsel Stack
24 Misc. 228, 52 N.Y.S. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-terry-nysupct-1898.