McArthur v. Gordon
New York Supreme Court
Appeal from special term, Washington county. Action by George. McArthur, as committee of Ebenezer Larmouth, a person of unsound mind, against Henry Gordon and Eoberd Davis and wife.
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Appeal from special term, Washington county. Action by George. McArthur, as committee of Ebenezer Larmouth, a person of unsound mind, against Henry Gordon and Eoberd Davis and wife. The complaint alleged that the defendant Gordon was the owner, as trustee, of a farm charged with a trust in favor of Ebenezer Larmouth, to apply the rents thereof to the support of the latter during his life; that he had defaulted in making such application, and had sold the farm to the defendant Davis, and suffered him to receive and enjoy the rents and profits thereof. Judgment was asked against both defendants…
1Opinion of the CourtLandon, J.
The Revised Statutes provide that no trust concerning lands-shall be declared, unless by operation of law, or by a deed or conveyance in writing subscribed by the party declaring the same. 2 Rev. St. p. 135, § 6. But chapter 322, Laws 1860, provides that the above provision of the Revised Statutes shall not be construed “to prevent any declaration of trust from being proved by any writing subscribed by the party declaring the same. ” “Any writing subscribed by the party declaring the same” are words broad enough to embrace the writing subscribed by the defendant Gordon, and placed upon record…
2Cases cited4 opinions
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
- Wright v. . DouglassNew York Court of Appeals · 1853
3Cited by3 opinions
- Davis v. United StatesDistrict Court, S.D. New York · 1939
- Chelsea Exchange Bank v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1929
- Chelsea Exchange Bank v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1929