Beeman v. Beeman
New York Supreme Court
Appeal from special term, Erie county. Action by Catherine E. Beeman and another against Charles Bee-man and others. Judgment was entered in favor of plaintiffs, and defendants appeal.
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Appeal from special term, Erie county. Action by Catherine E. Beeman and another against Charles Bee-man and others. Judgment was entered in favor of plaintiffs, and defendants appeal. The facts, as they must be here assumed, are that on March 20, 1880, Lyman Beeman made deeds of his lands, in "distinct parcels, to his children, the defendants Charles Beeman, Henry S. Beeman, and Eunice Eldred, respectively, and took from each of them a mortgage thereon, in which Lyman Beeman was named as mortgagee, containing the condition for the payment of the sum of $62.72 to the party of the second part…
1Opinion of the CourtBradley, J.
The view of the trial court was that by the execution and delivery of the mortgages to Lyman Beeman an irrevocable trust was created in behalf of tire plaintiffs. It would have been so if a trust to that effect had been expressly declared in the instruments. Martin v. Funk, 75 N. Y. 134; Schluter v. Bank, 117 N. Y. 125, 22 N. E. 572; Beaver v. Beaver, 117 N. Y. 421, 22 N. E. 940; Id., 137 N. Y. 59, 32 N. E. 998; Bank v. Albee’s Estate, 64 Vt. 571, 25 Atl. 487. And when the trust is not, in words, declared in the instrument, it is entitled to that character if such clearly appears to have been…
2Cases cited9 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Mabie v. . BaileyNew York Court of Appeals · 1884
- McPherson v. . RollinsNew York Court of Appeals · 1887
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