Jacobs v. Jacobs

Appellate Division of the Supreme Court of New York

Jacobs v. Jacobs

47 A.D.2d 949, 367 N.Y.S.2d 309, 1975 N.Y. App. Div. LEXIS 9424

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

DecidedApril 28, 1975

StatusPublished

This text of 47 A.D.2d 949 (Jacobs v. Jacobs) 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

Jacobs v. Jacobs, 47 A.D.2d 949, 367 N.Y.S.2d 309, 1975 N.Y. App. Div. LEXIS 9424 (N.Y. Ct. App. 1975).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Westchester County, dated August 16, 1974, which granted plaintiff a divorce, after a nonjury trial. Judgment modified, on the law and the facts, by (1) striking therefrom the sixth decretal paragraph and (2) inserting in the seventh decretal paragraph thereof the words "possession for the use of herself and the child” between the words "awarded” and "all of the furniture in the marital, residence”. As so. modified, judgment affirmed, without costs. Under the circumstances of this case, the plaintiff wife was entitled to possession of the household furnishings. The trial court exceeded its power in unilaterally altering an existing, valid trust agreement executed by defendant for the benefit of his son. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Westchester County, dated August 16, 1974, which granted plaintiff a divorce, after a nonjury trial. Judgment modified, on the law and the facts, by (1) striking therefrom the sixth decretal paragraph and (2) inserting in the seventh decretal paragraph thereof the words "possession for the use of herself and the child” between the words "awarded” and "all of the furniture in the marital, residence”. As so. modified, judgment affirmed, without costs. Under the circumstances of this case, the plaintiff wife was entitled to possession of the household furnishings. The trial court exceeded its power in unilaterally altering an existing, valid trust agreement executed by defendant for the benefit of his son. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Brennan, JJ., concur.

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Bluebook (online)

47 A.D.2d 949, 367 N.Y.S.2d 309, 1975 N.Y. App. Div. LEXIS 9424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-jacobs-nyappdiv-1975.