Cassidy v. Cassidy

Plaintiff, the wife of decedent, sued his sister to impress a constructive trust upon one half of his pension benefits. In her complaint, she alleged that decedent, while under the sister’s influence, signed certain papers whereby the sister was named beneficiary of one half of decedent’s retirement benefits under the New York City employees’ retirement system. After trial, the complaint was dismissed. On appeal, this court reversed and ordered a new trial, on the ground that a court of equity might find facts in the case requiring the imposition of a constructive trust. This court, noting…