Wadd v. . Hazelton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday in January, 1892, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. This action was commenced to procure a judgment directing the defendants to surrender to the plaintiff a certain bond and mortgage for $2,000, which plaintiff alleged belonged to her.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday in January, 1892, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. This action was commenced to procure a judgment directing the defendants to surrender to the plaintiff a certain bond and mortgage for $2,000, which plaintiff alleged belonged to her. She claimed title by virtue of an assignment from the then owner of the bond and mortgage, one Albert Hill, exeexited a short time prior to his death. The defendants…
1Opinion of the CourtPeckham, J.
Whether the plaintiff claims the bond and mortgage by virtue of an absolute gift to her from the testator, evidenced by the assignment, or whether she claims through the assignment as a declaration of trust, is somewhat difficult to determine from her complaint. The referee has taken the latter position and has found that the testator constituted himself a trustee by reason of his execution and retention of the assignment. We think there is no foundation in the evidence for the claim of an absolute gift.
There is no proof of a delivery or of any executed intention to make a gift, and the…
2Cases cited2 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
3Cited by51 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Farmers' Loan & Trust Co. v. WinthropNew York Court of Appeals · 1924
- Holmes v. McDonaldMichigan Supreme Court · 1899
- In re MeekerNew York Surrogate's Court · 1929
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
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