Newman v. Dore

275 N.Y. 371, 9 N.E.2d 966 (1937)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Newman v. Dore

New York Court of Appeals
275 N.Y. 371, 9 N.E.2d 966 (1937)

  • Written by Rose VanHofwegen, JD

Facts

Three days before he died, Ferdinand Straus transferred all his property to a trust to prevent his second wife, Clara Dorner Straus (defendant), from inheriting anything. A New York statute allowed a disinherited widow to elect to take a one-third share of her husband’s estate unless a testamentary trust provided equivalent income for life. Because Ferdinand’s estate included only those assets he owned on the date he died, transferring everything to a different trust beforehand meant the testamentary trust for Clara would pay her one-third of nothing. The trust agreements purported to transfer title to Ferdinand’s property to a trust for the benefit of his first wife’s daughter, Emma Newman (plaintiff), and appointed Arthur Dore and others (defendants) as trustees. Ferdinand retained not only the power to revoke the trust and the right to income for life, but the right to control the trustees. Newman sued the trustees to enforce her trust. Clara challenged the trust as an illusory transfer effected solely to defraud her of her elective share of Ferdinand’s estate. The trial court found the transfers invalid because Ferdinand made them solely to evade New York’s estate laws and deprive Clara of her spousal inheritance rights. The appellate court reached the same conclusion and affirmed. Newman appealed to New York’s highest court.

Rule of Law

Issue

Holding and Reasoning (Lehman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership