Legal Opinion · Dissent

Woodside Presbyterian Church v. Burden

Appellate Division of the Supreme Court of the State of New York

Decided January 23, 1934Published

1DissentHeffernan, J.

I do not agree with the views of my associates. Plaintiff brought this action to establish and enforce a trust in the sum of $25,000, which it alleged was given to defendants, brother and sister, by their aunt, Margaret E. Proudfit, for the purpose of enabling them to create a trust in that amount for plaintiff’s benefit.

On May 28, 1910, Mrs. Proudfit wrote defendants the following letter:

*50“ My dear Nephew and Niece: It is my express desire and purpose in giving to you Twenty Five Thousand Dollars by the codicil to my will, although I do not make it a trust and condition, that you should with…

2Cases cited8 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Young v. . YoungNew York Court of Appeals · 1880
  3. In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
  4. Holland v. . AlcockNew York Court of Appeals · 1888
  5. Brown v. . SpohrNew York Court of Appeals · 1904

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