New York Court of Appeals, 1979

In re the Estate of McManus

New York Court of Appeals · Decided April 24, 1979

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

Cases that cite this one

12 later published cases cite this decision.

Rajamin v. Deutsche Bank National Trust Co. (2d Cir. 2014)
McHale v. Boulder Capital LLC (In re 1031 Tax Group, LLC) (United States Bankruptcy Court, S.D. New York 2010)
AMERICAN CANCER SOC., ETC. v. Hammerstein (Mo. Ct. App. 1981)
American Cancer Society, St. Louis Division v. Hammerstein (Mo. Ct. App. 1981)
Matter of Neva M. Strom Irrevocable Trust III (Appellate Division of the Supreme Court of New York 2022)
Rondina v. Feigenbaum (United States District Court for the District of Connecticut 2021)
U.S. BANK NATIONAL ASSOCIATION, ETC. VS. KARIN POLHEMUS, (F-010769-14, PASSAIC COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2017)
In re Harmon (Appellate Division of the Supreme Court of New York 2010)
Naversen v. Gaillard (Appellate Division of the Supreme Court of New York 2007)
In re the Estate of Druck (New York Surrogate's Court 2005)
In re the Estate of McCaslin (New York Surrogate's Court 1982)
In re the Estate of McManus (Appellate Division of the Supreme Court of New York 1981)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.