Goldsmith v. . Goldsmith
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 29, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, who were four of the children of Barbara Goldsmith, deceased, against defendant, their brother, and the only other child of the deceased.
Read the full summary
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 29, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, who were four of the children of Barbara Goldsmith, deceased, against defendant, their brother, and the only other child of the deceased. Their complaint set forth the transfer by said Barbara Goldsmith to defendant of certain real property described, without consideration, to be held by him in trust for the benefit of all the…
1Opinion of the CourtFinch, J.
The findings in this case show a situation which permits the application of an equitable remedy. They establish that Mrs. Goldsmith, while the owner and in possession of a house and lot known as the Myrtle avenue property, met with an accident which incapacitated her for its further care and management, and induced her to commit it to her son, the defendant," Leopold- That son was of age but unmarried and lived with the family, which further consisted of four children, three daughters and one son, all of them, with perhaps a single exception, minors, and two of them under ten years of age.…
2Cases cited2 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Whittlesey v. . DelaneyNew York Court of Appeals · 1878
3Cited by69 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Foreman v. ForemanNew York Court of Appeals · 1929
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- United States v. ReedDistrict Court, S.D. New York · 1985
64 more not listed; retrieve them via the Exa API.