Legal Opinion

Binkowski v. Moskiewitz

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1911PublishedCited by 4 opinions

Appeal by the defendant, Regina Moskiewitz, from an order of the Supreme Court) made at the New York Special Term . and entered- in the ojffi.ce of- the clerk of the county of New York on the '28th day of February, 1911, denying the said defendant’s motion for judgment on the pleadings.

1Opinion of the Court

Miller, J.:

The plaintiffs, certain1 heirs at law'of Max Moskiewitz, deceased, alleged that he purchased certain premises and paid the consideration therefor, taking title in the name of his wife, the defendant Regina Moskiewitz, for the purpose of placing them beyond the reach of future creditors, and thereafter died leaving sufficient personal property to pay all of his debts. The prayer for relief is that it be decreed, that the said defendant held the property in ¡trust for the -said Max Moskiewitz, and that she still holds it jin trust for his heirs at law.

The respondents do not contend…

2Cases cited2 opinions

  1. McCartney v. TitsworthAppellate Division of the Supreme Court of the State of New York · 1907
  2. Fagan v. . McDonnellNew York Court of Appeals · 1908

3Cited by4 opinions

  1. Jackson v. JacksonSupreme Court of Georgia · 1920
  2. Neppach v. NorvalOregon Supreme Court · 1925
  3. In re the Estate of WechslerNew York Surrogate's Court · 1939
  4. Neppach v. NorvalOregon Supreme Court · 1925

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