Kazaras v. Manufacturers Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
In this action, the settlor, who is also the life beneficiary, of an inter vivos trust seeks rescission of the trust on grounds of fraud, duress and undue influence. After trial, it was held that there had been fraud, duress, and undue influence, but, because of subsequent ratification by the settlorbeneficiary, the trust was held valid and subsisting. From the judgment dismissing the complaint plaintiff appeals. The trustee, a defendant in the action, argues for affirmance, and also that the findings by the trial court with respect to fraud, duress and undue influence are…
2Cases cited11 opinions
- Barnard v. . GantzNew York Court of Appeals · 1893
- Byrnes v. OwenNew York Court of Appeals · 1926
- Scheinberg v. ScheinbergNew York Court of Appeals · 1928
- LeStrange v. LeStrangeAppellate Division of the Supreme Court of the State of New York · 1934
- Ludlam v. LudlamAppellate Division of the Supreme Court of the State of New York · 1920
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- North American Rayon Corporation, Formerly Known as North American Holding Corporation, Narco v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1994
- Mathias v. JacobsDistrict Court, S.D. New York · 2001
- Gerstein v. 532 Broad Hollow Road Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Sun Forest Corp. v. ShviliDistrict Court, S.D. New York · 2001
- Robertson v. CampbellUtah Supreme Court · 1983
9 more not listed; retrieve them via the Exa API.