O'BOYLE v. BRENNER


303 N.Y. 572 (1952)

Charles C. O'Boyle et al., Appellants and Respondents, v. Edward C. Brenner, Respondent and Appellant.

Court of Appeals of the State of New York.

Decided March 13, 1952


Attorney(s) appearing for the Case

Frederick M. Schlater for plaintiffs, appellants and respondents.

Menahem Stim, Francis J. Mahoney and Joseph D. Stim for defendant, respondent and appellant.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

The record strongly supports the conclusion that decedent willed her estate to defendant with the understanding, and upon his agreement, that, upon his death, he would leave all the property which he received from her to her children, and, accordingly, the constructive trust declared and created by the Appellate Division was proper.

Nothing in the record, however, indicates that defendant was to...

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