Burnside v. Burnside

Appellate Division of the Supreme Court of New York

Burnside v. Burnside

253 A.D. 814, 1 N.Y.S.2d 1019, 1938 N.Y. App. Div. LEXIS 8743

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

DecidedJanuary 10, 1938

StatusPublished

Cited by1 cases

This text of 253 A.D. 814 (Burnside v. Burnside) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burnside v. Burnside, 253 A.D. 814, 1 N.Y.S.2d 1019, 1938 N.Y. App. Div. LEXIS 8743 (N.Y. Ct. App. 1938).

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Opinion

Plaintiff husband seeks to establish a trust in each of two parcels of real property, title to which is in the name of the defendant wife, now an incompetent. The incompetent, by her committee, [815]*815counterclaimed for moneys and property received by plaintiff prior to the appointment of the committee. Order confirming report of official referee and judgment dismissing the complaint and awarding judgment in favor of defendants on the counterclaim reversed on the law and the facts, motion to confirm the report denied, and a new trial granted, with costs to appellant to abide the event. In our opinion the judgment is against the weight of the evidence. Hagarty, Johnston, Adel and Taylor, JJ., concur; Carswell, J., dissents and votes to affirm.

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Plaintiff husband seeks to establish a trust in each of two parcels of real property, title to which is in the name of the defendant wife, now an incompetent. The incompetent, by her committee, [815]*815counterclaimed for moneys and property received by plaintiff prior to the appointment of the committee. Order confirming report of official referee and judgment dismissing the complaint and awarding judgment in favor of defendants on the counterclaim reversed on the law and the facts, motion to confirm the report denied, and a new trial granted, with costs to appellant to abide the event. In our opinion the judgment is against the weight of the evidence. Hagarty, Johnston, Adel and Taylor, JJ., concur; Carswell, J., dissents and votes to affirm.

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Bluebook (online)

253 A.D. 814, 1 N.Y.S.2d 1019, 1938 N.Y. App. Div. LEXIS 8743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnside-v-burnside-nyappdiv-1938.

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