Legal Opinion
In re the Estate of Gagliardi
New York Court of Appeals
Decided February 16, 1982PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
Essentially, the issue on this appeal boils down to whether a trust provision in a conveyance of realty, in view of its passive nature, in legal and equitable contemplation vested all interests in the property in the settlor-trustee or in the cestuis que trust.
The trust with which we treat originated on October 1, 1974, when, pursuant to the instructions of John Gagliardi, who had. agreed to purchase a parcel of residential property on Pine Grove Avenue in Kingston, New York, the deed was made to run from the seller to “John Gagliardi *** in trust for Gigino…
2Cases cited12 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- In re the Accounting of HellerNew York Court of Appeals · 1954
- Rawson v. . LampmanNew York Court of Appeals · 1851
- In re the Construction of Trust between Gilbert & Chase Manhattan BankNew York Court of Appeals · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United Feature Syndicate, Inc. v. Miller Features Syndicate, Inc.District Court, S.D. New York · 2002
- Kashfi v. Phibro-Salomon, Inc.District Court, S.D. New York · 1986
- Pangea Capital Mgmt., LLC v. LakianCourt of Appeals for the Second Circuit · 2018
- Nasso v. Bio Reference Laboratories, Inc.District Court, E.D. New York · 2012
- Alithochrome Corp. v. East Coast Finishing Sales Corp. (In Re Alithochrome Corp.)United States Bankruptcy Court, S.D. New York · 1985
7 more not listed; retrieve them via the Exa API.