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Burns v. Turnbull

Court of Appeals of the State of New York
Jul 19, 1945
294 N.Y. 889 (N.Y. 1945)

Summary

In Burns v. Turnbull (294 N.Y. 889), a judgment was affirmed which cancelled an alleged trust agreement, and directed the trustees to deliver all of the trust funds to plaintiff as administratrix.

Summary of this case from Matter of Halpern

Opinion

Argued June 13, 1945

Decided July 19, 1945

Appeal from the Supreme Court, Appellate Division, Second Department, CUFF, J.

John G. Turnbull for appellant.

Arthur T. Schmidt and Dudley C. Smith for respondent.


Judgment affirmed, with costs; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.


Summaries of

Burns v. Turnbull

Court of Appeals of the State of New York
Jul 19, 1945
294 N.Y. 889 (N.Y. 1945)

In Burns v. Turnbull (294 N.Y. 889), a judgment was affirmed which cancelled an alleged trust agreement, and directed the trustees to deliver all of the trust funds to plaintiff as administratrix.

Summary of this case from Matter of Halpern

In Burns v. Turnbull (supra) where it was held that a formal trust agreement was illusory, the court overruled the contention of the trustees that the trust should be so held only to the extent of the husband's individual rights in the intestate's estate, and affirmed a judgment which directed delivery of the entire trust corpus to the husband as administrator.

Summary of this case from Matter of Halpern
Case details for

Burns v. Turnbull

Case Details

Full title:WALKER J. BURNS, Individually and as Administrator of the Estate of…

Court:Court of Appeals of the State of New York

Date published: Jul 19, 1945

Citations

294 N.Y. 889 (N.Y. 1945)
62 N.E.2d 785

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