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In re the Estate of McManus

In the Matter of the Estate of Leo K. McManus, Joseph M. McManus, Sr., Respondent Virginia A. McManus, as of Leo K. McManus, In the Matter of the Estate of Mary F. McManus, Joseph M. McManus, Sr., Respondents Leo K. McManus, as of Mary F. McManus

In re the Estate of McManus, 390 N.E.2d 773 (N.Y. 1979)
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Court
New York Court of Appeals · State Highest Courts
Decided
April 24, 1979
Citations
390 N.E.2d 77347 N.Y.2d 717417 N.Y.S.2d 551979 N.Y. LEXIS 1993
Cited by 12 2 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 12 cases

View all citing references →
1981: 31982: 12005: 12007: 12010: 22014: 12017: 12021: 12022: 119812026peak 1981 · 3

Relies on it most ⓘ

  1. Rajamin v. Deutsche Bank National Trust Co.757 F.3d 79 (2d Cir. 2014)
  2. McHale v. Boulder Capital LLC (In re 1031 Tax Group, LLC)439 B.R. 47 (Bankr. S.D.N.Y. 2010)
  3. American Cancer Society, St. Louis Division v. Hammerstein631 S.W.2d 858 (Mo. Ct. App. 1981)
  4. AMERICAN CANCER SOC., ETC. v. Hammerstein631 S.W.2d 858 (Mo. Ct. App. 1981)
  5. In re the Estate of McManus83 A.D.2d 553 (1981)
  6. Naversen v. Gaillard38 A.D.3d 509 (2007)

Most recent

  1. In re Neva M. Strom Irrevocable Trust III177 N.Y.S.3d 508 (2022)
  2. Rondina v. FeigenbaumNo. 3:19-cv-01699 (D. Conn. Jan. 25, 2021)
  3. U.S. BANK NATIONAL ASSOCIATION, ETC. VS. KARIN POLHEMUS, (F-010769-14, PASSAIC COUNTY AND STATEWIDE)No. A-1667-15T3 (N.J. Super. Ct. App. Div. June 16, 2017)
  4. Rajamin v. Deutsche Bank National Trust Co.757 F.3d 79 (2d Cir. 2014)
  5. McHale v. Boulder Capital LLC (In re 1031 Tax Group, LLC)439 B.R. 47 (Bankr. S.D.N.Y. 2010)
  6. In re Harmon73 A.D.3d 1059 (2010)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Cashman v. Petrie, 201 N.E.2d 24 (N.Y. 1964) 11

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