New York Court of Appeals

Day v. . Roth and Another.

December 5, 185818 N.Y. 448

Summary

The New York Court of Appeals affirmed the judgment, holding that the plaintiff was entitled to an equitable lien (resulting trust) against Nelson Roth's estate because V. W. Roth had created a trust of her money by clear declaration, and that the letters and power of attorney were admissible evidence of that trust; a formal written agreement was not required, and the subsequent settlement arrangement did not satisfy the lien.