Quat ex rel. Freed v. Freed
Cases that cite this one
7 later published cases cite this decision.
- In re the Estate of Kummer (Appellate Division of the Supreme Court of New York 1983)
- In re the Estate of Kummer (New York Surrogate's Court 1980)
- Aurora G. v. Harold Aaron G. (NYC Family Court 1979)
- Gold v. Gold (New York Supreme Court 1978)
- Joachim v. Joachim (Appellate Division of the Supreme Court of New York 1977)
- Carole K v. Arnold K (New York Family Court 1976)
- Fitzgerald v. Fitzgerald (Conn. 1975)
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
Wé agree with the Appellate Division’s determination that the father should not have been credited for the withdrawals from the children’s trust fund. As the Appellate Division stated in their memorandum opinion: "The fact that the children had this fund effects no diminution of the father’s primary obligation to support his children (Drazin v. Drazin, 31 A D 2d 531; Seigel v. Hodges, 15 A D 2d 571).” However, since the father’s obligation to support was fixed at $25 per week, it was error for the Appellate Division to require full restoration "of the $3,383.50' withdrawn. The withdrawals were' to cover the two-year period from February, 1966 to February, 1968, during which period of time the father’s obligation to support amounted to $2,600 based on the then subsisting obligation to pay $25 per week.
Accordingly, the order of the Appellate Division should be modified by reversing so much thereof as required full restoration of the children’s trust fund and the matter remitted to the Family Court for' reduction of said restoration in accordance
Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.