Cassidy v. Cassidy

In 1923 John A. Cassidy, an employee of the City of New York, designated his wife as sole beneficiary of his retirement fund benefits. On May 15, 1951, he executed Option 1, pursuant to the provisions of the retirement system and made his wife and his sister cobeneficiaries. The defendant and a commissioner of deeds were the only persons present when the decedent executed his retirement papers. Decedent died on August 15, 1951.

The wife of decedent then brought this suit in equity against decedent’s sister seeking a judgment declaring defendant to be a constructive trustee for the plaintiff of…