60 A.D. 371 | N.Y. App. Div. | 1901
The following is the opinion of Lawrence, J., delivered at Special Term :
The complaint in this suit prays for the appointment of a trustee of the trust created by a certain indenture of marriage settlement attached to and forming part of said complaint, and, incidental to such appointment, that an accounting be had between the parties who now hold the trust property and the trustees so appointed. It is alleged that on or about the 21st day of October, 1871, at Wiesbaden, in the State of Hesse-Nassau, German Empire, the plaintiff and defendant Joseph Wilhelm Gleitsmann agreed to be married to each other, and to take up their residence as husband and wife in Baltimore, Md., and to execute a certain marriage settlement that said indenture was duly signed and sealed by the plaintiff and the said defendant • Joseph Wilhelm Gleitsmann ; and it further appears by the attestation clauses thereof that the said indenture was signed, sealed and delivered by both the plaintiff and the defendant Joseph Wilhelm Gleitsmann, in the presence of the respective subscribing-witnesses; that thereafter, on the same day, the marriage took place, and the said parties immediately went to the city of Baltimore, Md., where they took up their permanent abode and resided for many'years; but at the commencement of this suit they were residents of the State of New York. It is further alleged that the said indenture was taken possession of by the defendant Joseph