LATHAM V. FATHER DIVINE
299 N.Y. 22, 85 N.E.2d 168, 11 A.L.R.2d 802 (1949)
NATURE OF THE CASE: This was a suit to impose a constructive trust. Latham (Ps),
decedent's first cousins, appealed a judgment for Father (D), cult leader and others, by
reversing an order of the trial court denying a motion by Ds for a dismissal of the amended
complaint for insufficiency, and granting the motion.
FACTS: Mary Lyon died, and her will left her entire estate to Father Divine (D), the
leader of a religious cult, and to two corporations controlled by him as well as an
individual who was one of the D's active followers. The will was accepted for probate after
dispute by Lyon's cousins, Latham (P). P then sued claiming that Lyon had expressed an
intention to alter her will to give Ps $350,000 and that Lyon had been prevented from doing
so by the false representations, and undue influence of D. Ps also alleged that D conspired
to kill Lyon by means of a surgical operation and did so. Ps requested a constructive trust
for the $350,000. The suit was dismissed for a failure to state a cause of action. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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