Bodine v. Edwards
New York Court of Chancery
This was an application by the complainants for the appointment of a receiver, as to certain property alleged to be holden by the two daughters of the defendant, O. Edwards, in trust for him. The affidavits showed that the property was not holden in trust for him, but that it was purchased with his funds, and that the title was taken in the names of his two daughters as an absolute gift to them.
1Opinion of the Court
The Chancellor.
The revised statutes have put an end to resulting trusts, arising from the payment of the purchase money by one person and taking the conveyance in the name of another, so far as relates to any trust in favor of the person who voluntarily pays the consideration for such a conveyance. The allegation in this bill that the daughters hold the property in question in trust for their father cannot be sustained, even by showing that the complainants’ debt was contracted before this conveyance to the daughters was made, and that the father was then insolvent; as that would not raise a…
2Cited by4 opinions
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Voorhees v. Presbyterian ChurchNew York Supreme Court · 1853
- Florence v. BatesThe Superior Court of New York City · 1850
- Woolf v. JacobsThe Superior Court of New York City · 1873