Young v. . Young
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in- the third judicial department, reversing a decree of ■ the surrogate of the comity of Sullivan upon the accounting of plaintiff, as administrator of the estate of Joseph Young, deceased. Upon such accounting the administrator claimed that certain United States and town coupon bonds belonged to himself and to his brother, John If. Young.
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Appeal from judgment of the General Term of the Supreme Court, in- the third judicial department, reversing a decree of ■ the surrogate of the comity of Sullivan upon the accounting of plaintiff, as administrator of the estate of Joseph Young, deceased. Upon such accounting the administrator claimed that certain United States and town coupon bonds belonged to himself and to his brother, John If. Young. The surrogate disallowed the claim, and charged him with said bonds, These bonds, upon the death of the intestate, were found in two packages inclosed in envelopes, upon which were indorsed…
1Opinion of the CourtSapallo, J.
- The intention of Joseph Young deceased to give the bonds in controversy on this appeal to his son William H. Young, reserving to himself only the interest during his life-time, was so clearly manifested, that we have examined the case with a strong disposition to effectuate that intention and sustain the gift, if possible.
The transaction is sought to be sustained in two aspects. First as an actual executed gift, and secondly, as a declaration of trust. These positions are antagonistic to each other, for if a trust was created, the possession of the bonds, and the legal title thereto,…
2Cases cited3 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Doty v. . WillsonNew York Court of Appeals · 1872
- Trow v. . ShannonNew York Court of Appeals · 1879
3Cited by200 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Moskowitz v. MarrowNew York Court of Appeals · 1929
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Gruen v. GruenNew York Court of Appeals · 1986
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
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