Macy v. Burchell

This case was tried before Mr. Justice Cotillo and submitted to him, but owing to his severe illness he was unable to dispose of the same, and by consent the matter was put back *604on the calendar of this court and on its call submitted to me for determination by the attorneys upon the record taken before Mr. Justice Cotillo. I take the case as I find it and dispose of it upon such record.

Two causes of action are stated in the complaint, the first being an action to impress a secret trust on the property therein mentioned, and the second for a construction of the 5th paragraph of the will of…