Neilly v. Neilly
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought to obtain an account of a trust fund held by the defendant’s intestate for the benefit of the plaintiff’s intestate.
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Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought to obtain an account of a trust fund held by the defendant’s intestate for the benefit of the plaintiff’s intestate. The trust was claimed to have been created by the following instrument: “1 do hereby acknowledge to have in my possession and hold in trust for my sister Sally, the wife of George Byron, the sum of two hundred and sixty-eight dollars, being the balance due her, this day, for her proportion of one thousand dollars directed to be paid by my father in his last will and…
1Opinion of the Court
Barrett, J.:
1. The trust in question was creatéd before the Revised Statutes. It was then a valid trust, relating to personal property. It is well settled that a formal or even a written agreement is not necessary to create a trust in money or personal estate. (Perry on Trusts, § 86.) As was said in Day v. Roth (18 N. Y., 453), “ any declaration, however informal, evincing the intention with sufficient clearness will have that effect. Such declarations stand on somewhat peculiar grounds. They are not to be regarded as admissions merely of some antecedent fact in relation to the subject, but…
2Cases cited12 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Bevan v. . CooperNew York Court of Appeals · 1878
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Day v. . RothNew York Court of Appeals · 1858
- Decouche v. SavetierNew York Court of Chancery · 1817
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