Blanco v. Velez
Cases that cite this one
23 later published cases cite this decision.
- Scherling v. Ehrenkranz (In re Eljay Jrs., Inc.) (United States Bankruptcy Court, S.D. New York 1989)
- Tallman Tool & Machine Corp. v. Commissioner (United States Tax Court 1956)
- State Ex Rel. Ins. Com'r v. Bcbs (W. Va. 2006)
- State ex rel. Insurance Commissioner of West Virginia v. Blue Cross & Blue Shield of West Virginia, Inc. (W. Va. 2006)
- Scherling v. Ehrenkranz (In re Eljay Jrs., Inc.) (District Court, S.D. New York 1991)
- Brecht v. Bentley (District Court, S.D. New York 1960)
- Mullaly v. Carlisle Chemical Works, Inc. (District Court, D. New Jersey 1960)
- Seigal v. Telsey (New York Supreme Court 1957)
- Dejay Stores v. Ryan (2d Cir. 1956)
- Dejay Stores, Inc. v. Ryan (2d Cir. 1956)
- Cassata v. Cassata (Appellate Division of the Supreme Court of New York 1989)
- Pando v. Fernandez (New York Supreme Court 1984)
- Mettler v. Mettler (New York Supreme Court 1970)
- Cohen v. Iuzzini (Appellate Division of the Supreme Court of New York 1966)
- Kern v. Metropolitan Life Insurance (Appellate Division of the Supreme Court of New York 1963)
- Katzman v. Ætna Life Insurance (Appellate Division of the Supreme Court of New York 1955)
- Katzman v. Ætna Life Insurance (N.Y. 1955)
- Goldstein v. Brockstein (Appellate Division of the Supreme Court of New York 1953)
- Perkins v. Meyer (N.Y. 1951)
- Eichacker v. Eichacker (Appellate Division of the Supreme Court of New York 1950)
- Latham v. Father Divine (N.Y. 1949)
- In re the Estate of Schulman (New York Surrogate's Court 1947)
- Kaplan v. Meyer (Appellate Division of the Supreme Court of New York 1946)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Jose Bayonet, a merchant seaman engaged in the service of the War Shipping Administration, lost his life on the high seas due to enemy action. The Maritime Service had provided a war risk insurance to the amount of $5,000 and this has been paid to the defendant-respondent herein, one of five surviving sisters, whom the deceased, when he signed the ship’s articles, had designated as beneficiary and next of kin to be notified in the event of death or emergency. Three of the sis *226 ters, the plaintiífs-appellants herein, now bring this action to compel their sister, Teresa, to share the proceeds of the policy equally among them and a sister in Puerto Rico, on the theory that she holds it for their benefit under an oral trust. The judgment of the trial court has been reversed and the complaint dismissed because the agreement sought to be enforced was deemed to violate the Statute of Frauds (Personal Property Law, § 31, subds. 1, 8, as amd.).
When the Legislature amended section 31 of the Personal Property Law it did not intend to abrogate the well-established doctrine applicable to an express paroi trust. The agreement of Bayonet to name his sister beneficiary would not have been enforcible if he had failed to do so but, having named her pursuant to the understanding that she would share the insurance proceeds with her sisters, she received the proceeds as trustee of an express trust to carry out this understanding.
The paroi trust sought to be enforced here is that made by the defendant-respondent when she agreed with the deceased, in the presence of others, to distribute the insurance moneys, upon receipt, equally among her sisters. The right sought here is not to enforce an oral' agreement, the performance of which is not to be completed before the end of a lifetime, or to enforce an oral contract to establish a trust, but to enforce an express paroi trust which comes clearly within the rule of Hirsh v. Auer (146 N. Y. 13), and which does not come within the purñew of Personal Property Law, section 31, subdivision 1 and 8, as amended.
The judgments should be reversed and a new trial granted, with costs to the appellants to abide the event.
Lottghban, Oh. J., Lewis, Conway, Desmond and Thachee, JJ., concur; Medalie, J., deceased.
Judgments reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.