DiLucia v. Clemens

*475CIRILLO, President Judge,

concurring:

While I agree with the result reached by the majority, I believe that the central issue of the transferability of the res was not adequately addressed. Since this goes directly to the validity of the trust, and hence the holding of the case, I write separately.

Clemens, the settlor and trustee, argues that, because the stock was “restricted” when the trust document was executed, it could not be the subject of a trust. He also asserts that the subject matter was not sufficiently identifiable. For these reasons Clemens argues that no trust was created.…