Gilman v. . McArdle
New York Court of Appeals
Appeal from judgment of the (General Term of the Superior Court of the city of New York, entered upon an order made November 16, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 17 J. & S. 463.) The nature of the action and the material facts are stated in the opinion. The subject-matter of the trust being personal property, the trust need not necessarily be declared in writing.
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Appeal from judgment of the (General Term of the Superior Court of the city of New York, entered upon an order made November 16, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 17 J. & S. 463.) The nature of the action and the material facts are stated in the opinion. The subject-matter of the trust being personal property, the trust need not necessarily be declared in writing. Actual delivery of the property to the trustee, accompanied by oral directions and limitations as to the trust, uses and purposes,…
1Opinion of the CourtRapallo, J.
This action is brought by the administrator of James Gilman, deceased, to recover of the defendant certain money which had been placed in his hands by Margaret Gil-man, the wife of said James Gilman, a few days before her death. James Gilman survived his wife but a short time. • Both died intestate, and the plaintiff, a half nephew of James, took out letters of administration upon his estate. Ho administration appears to have been granted upon the estate of Margaret Gilman.
The facts of the case are uncontroverted. Only one witness was examined on the trial, and that witness was the defendant.
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2Cases cited5 opinions
- Beekman v. . BonsorNew York Court of Appeals · 1861
- Day v. . RothNew York Court of Appeals · 1858
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- SchoulerMassachusetts Supreme Judicial Court · 1883
3Cited by57 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- In re MeekerNew York Surrogate's Court · 1929
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