Armstrong v. Commissioner
United States Board of Tax Appeals
Where the grantor creates a trust in personalty, providing in the indenture thereof that upon his death the trust shall terminate and in such event the corpus shall be transferred to such persons or corporations as designated in his last will and testament and in default of such appointment to his "next of kin" under the laws of the State of New York, per stirpes, not per capita, such trust is irrevocable without the written consent, under section 23 of the New York Personal…
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Where the grantor creates a trust in personalty, providing in the indenture thereof that upon his death the trust shall terminate and in such event the corpus shall be transferred to such persons or corporations as designated in his last will and testament and in default of such appointment to his "next of kin" under the laws of the State of New York, per stirpes, not per capita, such trust is irrevocable without the written consent, under section 23 of the New York Personal Property Law, of such next of kin who are "beneficially interested" under said section of the law, and, being so…
1Opinion of the Court
WILLIAM B. ARMSTRONG AND LAWYERS COUNTY TRUST COMPANY, COMMITTEE OF THE PROPERTY OF WILLIAM B. ARMSTRONG, INCOMPETENT, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Armstrong v. Commissioner
Docket No. 58603.
United States Board of Tax Appeals
32 B.T.A. 1261; 1935 BTA LEXIS 825;
August 27, 1935, Promulgated
Where the grantor creates a trust in personalty, providing in the indenture thereof that upon his death the trust shall terminate and in such event the corpus shall be transferred to such persons or corporations as designated in his last will and testament and in default of such…
2Cases cited20 opinions
- Whittemore v. Equitable Trust Co.New York Court of Appeals · 1929
- Schenck v. . BarnesNew York Court of Appeals · 1898
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Berlenbach v. Chemical Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
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