Legal Opinion
Lockridge v. Raab
New York Supreme Court
Decided June 15, 1910Published
Action to declare a trust in .moneys apportioned from a sale of real estate upon mortgage foreclosure.
1Opinion of the CourtGiegerich, J.
The plaintiff seeks a judgment declaring that the defendants hold in trust for his benefit the sum of $3,671.84, now in their hands, derived from a sale under mortgage foreclosure of certain property which the plaintiff had previously contracted to purchase from them as executors. The will of John Eaab, under which the defendants are acting as executors, contained the following provision: “First. Whereas my son John Henry Eaab is now indebted to me in the sum of $10,279 for money loaned by me to him at various times, and notwithstanding the fact that my said son John has gone through…
2Cases cited5 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Williams v. . HaddockNew York Court of Appeals · 1895
- Empire Realty Corp. v. SayreAppellate Division of the Supreme Court of the State of New York · 1905
- Cockcroft v. New York & Harlem RailroadNew York Court of Appeals · 1877
- Rochevot v. RochevotAppellate Division of the Supreme Court of the State of New York · 1902