Cook v. City Bank Farmers Trust Co.

Appeal from an order and judgment of the Supreme Court, Schenectady County, dismissing the complaint in an action for a declaratory judgment. Under the terms of an inter vivos trust created by the plaintiff’s mother, now deceased, the income of the trust was to be paid first to the donor during her lifetime and then to the plaintiff during her lifetime, and, upon her death, the principal was to be paid over to the issue of the plaintiff, if any then surviving, and, in the absence of such issue, “ to such persons and in such proportions ” as the plaintiff might by her last will and testament…