Legal Opinion
In re the Estate of McManus
New York Court of Appeals
Decided April 24, 1979PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Inasmuch as appellants and their predecessors in interest were not beneficially interested in the trust created in the will of John J. McManus, who died in 1935, they lack standing to challenge the actions of its trustee (Cashman v Petrie, 14 NY2d 426, 430). Accordingly, their allegation that a breach of trust occurred in 1941, when the trustee transferred the corpus of the trust, was properly rejected.
Given this disposition of the matter, we need not decide whether the conduct of the trustee…
2Cases cited1 opinion
- Cashman v. PetrieNew York Court of Appeals · 1964
3Cited by12 opinions
- Rajamin v. Deutsche Bank National Trust Co.Court of Appeals for the Second Circuit · 2014
- McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)United States Bankruptcy Court, S.D. New York · 2010
- American Cancer Society, St. Louis Division v. HammersteinMissouri Court of Appeals · 1981
- In re the Estate of McManusAppellate Division of the Supreme Court of the State of New York · 1981
- Naversen v. GaillardAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.