New York Surrogate's Court, 1893

Estate of Murphy

Estate of Murphy
New York Surrogate's Court · Decided June 15, 1893 · Fitzgerald
4 Misc. 230; 25 N.Y.S. 107

Counsel

Michael J. Scanlon, for executors (appellants)., Edgarr J. Levey, for the comptroller of the city of New York (respondent).

Estate of Murphy

Opinion of the Court

Fitzgerald, S.

By the provisions of the will of this testator, in connection with the proof furnished by the executors as to the understanding between the executors and the testator, which was the consideration influencing deceased to make the bequest in the absolute form in which it appears, a valid parol trust was created, enforcible in equity in favor of the various religious corporations which were to share in the proportions specified. These corporations being of a class exempt under the statute, the order appealed from must' be reversed. Estate of Farley, 15 N. Y. St. Repr. 727; Estate of Havens, 17 id. 837; Lynch v. Loretta, 1 Dem. 318; Willets v. Willets, 35 Hun, 405 ; Matter of O'Hara, 95 N. Y. 413.

Order reversed.

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