Balluffi v. Montross
New York Supreme Court
1Opinion of the CourtDavis, J.
In an action to impress a trust upon certain funds or the proceeds thereof, representing contributions solicited for the erection of a building in the city of Peekskill as a permanent memorial for war veterans, defendants move to dismiss the complaint under rule 106 of the Rules of Civil Practice, and for certain other relief.
The motion to dismiss the complaint is granted. The Attorney-General of the State of New York is charged with the responsibility of enforcing charitable trusts. (Personal Property Law, § 12, subd. 3.) Plaintiffs have no such special interest as beneficiaries of such…
2Cases cited4 opinions
- The Rector v. . CrawfordNew York Court of Appeals · 1871
- First Church of Christ Scientist in Buffalo v. SchreckNew York Supreme Court · 1911
- In re HermanNew York Supreme Court · 1941
- Commercial Travelers' Home Ass'n v. McNamaraAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by6 opinions
- In re Richmond County Society for the Prevention of Cruelty to ChildrenAppellate Division of the Supreme Court of the State of New York · 1960
- In re the Estate of JamesNew York Surrogate's Court · 1953
- Revici v. Conference of Jewish Material Claims Against Germany Inc.New York Supreme Court · 1958
- Grace v. CarrollDistrict Court, S.D. New York · 1963
- In re the Estate of RothkoNew York Surrogate's Court · 1973
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