McQuaide v. . Perot
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 10, 1917, affirming a judgment in favor of defendants entered upon an order of the court at Special Term sustaining demurrers to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 10, 1917, affirming a judgment in favor of defendants entered upon an order of the court at Special Term sustaining demurrers to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Suits by those beneficially interested in the estate of a decedent for relief, “ in special circumstances,” against a debtor of the estate, decedent’s personal representative being made a party defendant, are of…
1Opinion of the CourtPound, J.
The question sought to be presented on this appeal is to what extent one of the legatees or next of kin of a decedent acquires the right, upon the allegation that the personal representatives of the estate refuse to sue, to maintain an action to set aside a sale by decedent to his trustee of an interest in personal property held in trust for him, on the ground that some advantage was taken; some withholding of information as to its value resulting in inadequacy of consideration.
The essential facts stated in the complaint are that James P. McQuaide was in the year 1903 the owner of one-fourth…
2Cases cited8 opinions
- In re the Final Judicial Settlement of the Account of HolzworthAppellate Division of the Supreme Court of the State of New York · 1915
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- In Re the Accounting of HolzworthNew York Court of Appeals · 1915
- Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Hurwitz v. HurwitzCourt of Appeals for the D.C. Circuit · 1943
- In re HalpernNew York Court of Appeals · 1951
- George C. Matthies v. Seymour Manufacturing Company, George C. Matthies v. Earl B. Boies, (Two Cases)Court of Appeals for the Second Circuit · 1959
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Gaentner v. BenkovichAppellate Division of the Supreme Court of the State of New York · 2005
41 more not listed; retrieve them via the Exa API.