Plaut v. Plaut

• Decision Date: 16 May 1888
• Citation: 44 N.J.E. 18,13 A. 849
• Parties: PLAUT v. PLAUT et al.
• Court: New Jersey Court of Chancery

13 A. 849

44 N.J.E. 18

PLAUT

v. PLAUT et al.

Court of Chancery of New Jersey.

May 16, 1888.

On demurrer to bill to establish a trust, etc.

The bill is exhibited by Emma Plant, the widow and one of the executors of the will of Leopold S. Plaut, deceased, and represents that, prior to Mr. Plaut's death, he was engaged in the dry-goods business in the city of Newark; that because of ill health he constituted his brother Louis Plaut his attorney in fact to conduct his business for him; that he occupied, as his place of business, the basement and first floor of three houses on Broad street, in the city of Newark, and desired to obtain a lease of the upper floors of the same buildings; that the complainant and the defendants Solomon and Louis Plaut, in course of the transaction of Leopold's business, secured a lease of those floors for him, but, for convenience, took the lease in their individual names; that the leased premises were used in Leopold's business, and the first month's rent was paid with his money; that in taking the lease it was understood by all parties that it was taken for Leopold, and that the lessees named in it have no beneficial interest therein; that, before the second month's rent became due, Leopold died, leaving a will, by which he appointed the complainant executrix, and his brother Solomon executor, thereof; that the persons thus named proved the will, had letters testamentary duly issued to them, and assumed the duties of the office to which they were appointed; that a firm, composed of the complainant and her husband's brothers Louis and Moses, and one Oscar Michael, have purchased. Leopold's business, and now conduct it in the buildings which were leased to Leopold; that the lease in question is valuable, and that the firm did not buy it from Leopold's estate; that the complainant has executed an assignment of that lease to the executors of her husband's estate, and has requested Louis and Solomon to join in such assignment, but that they refused to do so, and threatened to transfer the lease to the above-mentioned firm. The bill prays that Louis and Solomon may be directed to assign the lease to the executors of Leopold, upon being indemnified against loss, or that they may be decreed to hold it in trust for his estate, and that they may be restrained from transferring the lease to others, and that such other relief may be granted as shall be equitable. The executors of Jacob Speer, who are the lessors, are made parties defendant, because the lease contains a covenant...