Michaelsen v. United States Trust Co.

This is a motion by plaintiff for judgment on the pleadings. The complaint alleges and the answers admit that defendant Lutkins, “ assuming to act under ” a power of attorney from plaintiff which is annexed to the pleading, transferred plaintiff’s securities to defendant trust company under an indenture which deprived her of all control over the principal, except with the consent of the trustee, and which provided that upon plaintiff’s death the corpus was to go to her issue or, in default of issue, to her executors, administrators and legal representatives.

*1083The question presented for…