Pertie v. Chase Manhattan Bank

Order modified by annulling the direction that judgment be entered in favor of American Mental Health Foundation and, as so modified, affirmed, with costs to all parties appearing separately and filing separate briefs payable, out of the trust estate, and the case remitted to Supreme Court, New York County, for further proceedings in accordance with the following memorandum: The Appellate Division correctly held that because of his homicidal act, Dalton could not benefit from the trust created by his victim (Riggs v. Palmer, 115 N. Y. 506; Matter of Kaplan, 49 Misc 2d 335) and that this…