In re the Estate of McManus

New York Court of Appeals

In re the Estate of McManus

390 N.E.2d 773, 47 N.Y.2d 717, 417 N.Y.S.2d 55, 1979 N.Y. LEXIS 1993

CourtNew York Court of Appeals

DecidedApril 24, 1979

StatusPublished

Cited by12 cases

This text of 390 N.E.2d 773 (In re the Estate of McManus) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of McManus, 390 N.E.2d 773, 47 N.Y.2d 717, 417 N.Y.S.2d 55, 1979 N.Y. LEXIS 1993 (N.Y. 1979).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Inasmuch as appellants and their predecessors in interest were not beneficially interested in the trust created in the will of John J. McManus, who died in 1935, they lack standing to challenge the actions of its trustee (Cashman v Petrie, 14 NY2d 426, 430). Accordingly, their allegation that a breach of trust occurred in 1941, when the trustee transferred the corpus of the trust, was properly rejected.

Given this disposition of the matter, we need not decide whether the conduct of the trustee comported with the terms of the trust, but if we were to reach the question, because of the special situation presented here, we state that we would affirm for the reasons stated in the opinion of Mr. Justice James D. Hopkins at the Appellate Division.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

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