Von Hesse v. . MacKaye
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which affirmed a judgment in favor of the defendant Theodora Edith MacKaye, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which affirmed a judgment in favor of the defendant Theodora Edith MacKaye, entered upon a decision of the court on trial at Special Term. This action was in the nature of a bill of interpleader brought by plaintiff, as administrator of William H. MacKaye, deceased, to determine the right to seven coupon Kansas Pacific bonds for $1,000 each, as between Theodora Edith MacKaye, an adopted infant daughter of James MacKaye, deceased, and the executor of his…
1Opinion of the CourtFinch, J.
The validity of the trust for Edith is contested, not by creditors, but by the personal representatives of the settlor; and the evidence drives us to a choice between two. alternatives. We must regard the arrangement^ either as a trust for her benefit with a power of revocation reserved, or as a fraudulent scheme to cover the settlor’s real ownership with the. semblance of an outstanding title. Of course, we are not justified in the inference of a fraud or a falsehood when an honest explanation is possible, and should not turn an apparent trust into a sham except under the stress of a clear…
2Cited by21 opinions
- Newman v. DoreNew York Court of Appeals · 1937
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
- Sullivan v. . SullivanNew York Court of Appeals · 1900
- Schreyer v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1905
- President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
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