In re the Third Intermediate Accounting of Chemical Bank
New York Supreme Court
1Opinion of the Court
The donor of the trust, Edward K. Simpson, a resident of New Jersey, executed the trust agreement on February 12, 1921, in New Jersey. The initial trustee, and the successor trustee, are New York banking institutions. The trust assets have at all times been kept in New York. The trust agreement is silent as to which State’s law shall control in interpreting the terms of the agreement. Under these circumstances, New York law applies (Hutchison v Ross, 262 NY 381).
The trust agreement, in pertinent part, provides that the donor shall be income beneficiary for life, and,
"Upon the death of the…
2Cases cited15 opinions
- Hutchison v. RossNew York Court of Appeals · 1933
- Schettler v. . SmithNew York Court of Appeals · 1869
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- Williams v. . AltNew York Court of Appeals · 1919
- In Re the Estate of WalterNew York Court of Appeals · 1936
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3Cited by4 opinions
- First National Bank of Dubuque v. MacKeySupreme Court of Iowa · 1983
- In Re the Estate of FortneyCourt of Appeals of Kansas · 1980
- Davis v. NeilsonMissouri Court of Appeals · 1993
- First National Bank of Dubuque v. MacKeySupreme Court of Iowa · 1983