Gegan v. Union Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary D. Gegan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of April, 1908, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Houghton, J.:
The action is brought to obtain an adjudication that the defendant’s testator in his lifetime declared and executed a trust in favor of plaintiff in eighteen specified railroad bonds, and for the delivery of such bonds to the plaintiff. The trial resulted in a dismissal of the complaint upon the merits, and we think properly so. The plaintiff failed to produce the clear and satisfactory evidence which the law requires to establish a gift inter vivos, or that the defendant’s testator made himself a trustee of the bonds for her.
John H. Drake, the defendant’s testator, was a…
2Cases cited1 opinion
- Young v. . YoungNew York Court of Appeals · 1880
3Cited by6 opinions
- McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
- Beck v. StaudtAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Accounting of Lincoln Rochester Trust Co.New York Surrogate's Court · 1950
- In re the Transfer Tax Upon the Estate of LoewiNew York Surrogate's Court · 1911
- In re Von Bernuth's EstateNew York Surrogate's Court · 1913
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