MATTER OF HASSETT


1 A.D.2d 741 (1955)

In the Matter of The Estate of J. John Hassett, Deceased. J. John Hassett, Jr., et al., Appellants; Jane H. Murray, as Coexecutrix of J. John Hassett, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1955


The proceeding was brought by one executrix of three to recover property now of considerable value, withheld under an alleged inter vivos trust. The decree upholds a testamentary trust of decedent's estate as against an inter vivos trust which respondent contends disposed of a portion of his estate, consisting entirely of then worthless corporate stocks, during his lifetime. All parties concede that an oral trust of personal property may be legally made. They...

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