McGahan v. Brooklyn Savings Bank

Appellate Division of the Supreme Court of New York

McGahan v. Brooklyn Savings Bank

13 A.D.2d 838, 216 N.Y.S.2d 100, 1961 N.Y. App. Div. LEXIS 10559

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

DecidedMay 31, 1961

StatusPublished

This text of 13 A.D.2d 838 (McGahan v. Brooklyn Savings Bank) 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

McGahan v. Brooklyn Savings Bank, 13 A.D.2d 838, 216 N.Y.S.2d 100, 1961 N.Y. App. Div. LEXIS 10559 (N.Y. Ct. App. 1961).

Pincite

Opinion

In an action to enforce a number of alleged irrevocable trusts, defendant Twohy, individually and as executor under the will of James J. Delaney, deceased, appeals from an order of , the Supreme Court, Nassau County, dated March 13, 1961, denying his motion, pursuant to section 274 of the Civil Practice Act, to compel plaintiff to reply to the defense of the Statute of Frauds alleged in his answer, and granting plaintiff’s cross motion to strike out said defense. Order affirmed, with $10 costs and disbursements. None of the causes of action alleged in plaintiff’s complaint is based on a contract to establish a trust. The action is to recover money which plaintiff alleges was held by said decedent, for her benefit, by virtue of irrevocable trusts which he had created during his lifetime. If plaintiff fails to establish the causes of action pleaded, her complaint will be dismissed, regardless of whether or not the Statute of Frauds is pleaded as a defense. Nolan, P. ■ J., Beldock, Christ, Pette and Brennan, JJ,, concur.

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In an action to enforce a number of alleged irrevocable trusts, defendant Twohy, individually and as executor under the will of James J. Delaney, deceased, appeals from an order of , the Supreme Court, Nassau County, dated March 13, 1961, denying his motion, pursuant to section 274 of the Civil Practice Act, to compel plaintiff to reply to the defense of the Statute of Frauds alleged in his answer, and granting plaintiff’s cross motion to strike out said defense. Order affirmed, with $10 costs and disbursements. None of the causes of action alleged in plaintiff’s complaint is based on a contract to establish a trust. The action is to recover money which plaintiff alleges was held by said decedent, for her benefit, by virtue of irrevocable trusts which he had created during his lifetime. If plaintiff fails to establish the causes of action pleaded, her complaint will be dismissed, regardless of whether or not the Statute of Frauds is pleaded as a defense. Nolan, P. ■ J., Beldock, Christ, Pette and Brennan, JJ,, concur.

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Bluebook (online)

13 A.D.2d 838, 216 N.Y.S.2d 100, 1961 N.Y. App. Div. LEXIS 10559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgahan-v-brooklyn-savings-bank-nyappdiv-1961.