Hutton v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 6, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. ■ 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 August 6, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. ■ The nature of the action and the facts, so far as material, are stated in the opinion. It was material error to admit the testimony of the plaintiff in regard to the conversations between his aunt and-uncle and with regard to going with his aunt to the bank and drawing the money, and afterwards to the office where the deed to this property was taken. (Holcomb…
1Opinion of the Court
Parker, Ch. J.
The judgment in this action adjudges that one Rose Ann Coyle did create an irrevocable trust in favor of plaintiff in certain deposits made in the Union Dime Savings Institution some time prior to May 15th, 1879, on which day she withdrew the deposit, using the identical money in the purchase of lands in her own name; and that plaintiff is entitled to impress a trust upon said lands in the sum of $1,976, with interest from the date of the withdrawal, and to a lien thereon in said amount and to a sale of the premises to satisfy the same; and the judgment contains other provisions…
2Cases cited16 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Marden v. . DorthyNew York Court of Appeals · 1899
- Lobdell v. . LobdellNew York Court of Appeals · 1867
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Griswold v. . HartNew York Court of Appeals · 1912
- Young v. . ValentineNew York Court of Appeals · 1904
- O 'Hayer v. Honore de St. AubinAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Estate of NowakowskiNew York Court of Appeals · 1957
15 more not listed; retrieve them via the Exa API.