14 N.Y.S. 265 | N.Y. Sup. Ct. | 1890
The chief objects which the plaintiffs desire to accomplish in this action are liberty to resign their trusts under a deed executed to them by the defendant Margaret Gertrude Allen, and to obtain compensation for their services, and the reimbursement of moneys which they have advanced in the exercise of their authority. A disagreement has arisen between them and the grantor in this deed, who is the primary beneficiary under its provisions, disturbing their relations to such an extent as to render them incapable of friendly and cordial ec-operation; and to avoid all further disagreements the trustees should be permitted to resign, and they should be reimbursed out of the income of the trust-estate the moneys advanced by them, and the sum of $1,000 by way of compensation for their services, and in full of their commissions as trustees; and they will also recover their costs in the action.
The trustees have also asked for the annulment or cancellation of the trust-deed, but in that relief they have no interest, and are not entitled to maintain the action to obtain that result.
The grantor in the deed, who is primarily entitled to its benefit, has also by way of counter-claim applied for a judgment to that effect. But it clearly appears from her own evidence, as well as that of Mr. Parker, who drew the deed, that it was desired and intended by it to place her property, through its instrumentality, beyond her own control. She distrusted her ability to resist the influence or importunities of others who might endeavor to overreach her ,and obtain her property from her, and for that reason was anxious to place it beyond her own immediate control; and the creation of a trust having that effect was voluntarily and understanding^ accepted by her, and, so far as the deed has been directed to that object, it appears to have conformed to her desire and intention. It is true that she says that she did not intend to place