Legal Opinion

McArthur v. Gordon

New York Court of Appeals

Decided January 27, 1891PublishedCited by 1 opinion

Appeal from judgment of the supreme court, general term, third department, modifying and affirming judgment in favor of plaintiff.

1Opinion of the CourtEarl, J.

I have no doubt that a valid trust was created by the defendant Gordon by the instrument of April 19,1876. The trust was declared by deed in writing, as required by the Revised Statutes, 2 R. S., 134, §§ 6 and 7. It was not necessary that the deed should be based upon any consideration, or that it should be delivered. Fisher v. Fields, 10 Johns., 495; Wright v. Douglass, 7 N. Y., 564; Cook v. Barr, 44 id., 156; Van Cott v. Prentice, 104 *387id., 45; 5 N. Y. State Rep., 654; Montague v. Hayes, 10 Gray, 609; Urann v. Coates, 109 Mass., 581; Adams v. Adams, 21 Wall, 185; 1 Perry on Trusts, § 82.

This…

2Cases cited5 opinions

  1. Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
  2. McKillip v. McKillipNew York Supreme Court · 1850
  3. Fisher v. FieldsCourt for the Trial of Impeachments and Correction of Errors · 1812
  4. Wright v. . DouglassNew York Court of Appeals · 1853
  5. Loomis v. LoomisNew York Supreme Court · 1862

3Cited by1 opinion

  1. Shiell v. the Metropolis Co.Supreme Court of Florida · 1931

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