New York Court of Appeals October 8, 1889 (United States Trust Co. v. . Roche)

Follett, Ch. J.

The sole defense interposed as a bar to this action is that the loan and mortgage are prohibited and rendered absolutely void by the following statutory provision.

“ § 65. Where the trust shall be expressed in the instrument creating the estate, every sale, conveyance or other act of the trustees, in contravention of the trust, shall be absolutely void.” (1 R. S. 730.