Tuesday, November 12, 2013

Speelman v. Pascal case brief

Speelman v. Pascal case brief summary
178 N.E.2d 723 (1961)

Defendant appealed from the order of the Appellate Division of the Supreme Court in the First Judicial Department (New York), which affirmed a grant of summary judgment for plaintiff in her action involving the assignment of a future interest.


Defendant appealed the grant of summary judgment for plaintiff, contending that the delivery of an agreement did not constitute a valid, complete, and present gift to plaintiff by way of assignment of a share in future royalties when and if it was collected from the exhibition of the musical stage version and film version of a play. The trial court found that plaintiff was entitled to receive the percentages set out in the agreement, required defendant to render plaintiff accountings from time to time of all moneys received from the musical play and the film version, and ordered defendant to make the payments required by the agreement.


The decision was affirmed on appeal, because the assignment to plaintiff of a future interest which was not present at the time of the assignment could create an equitable title enforceable by the court.


The court affirmed the decision because the assignment to plaintiff created an equitable title that was enforceable against defendant.

Suggested Study Aids For Wills, Trusts & Estate Law

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