New York Court of Appeals

Isidore Foreman, Appellant v. Myron Foreman, an Infant, by James J. Conroy, His Guardian Ad Literri, Respondent

July 11, 1929251 N.Y. 237

Summary

The Court of Appeals reversed the lower courts' judgment that an oral trust concerning land was unenforceable under the Statute of Frauds. It held that the statute does not bar a constructive trust where equity requires it to prevent unjust enrichment arising from a confidential marital relationship. The case was remanded for a new trial to determine the credibility of the parties and enforce the trust.