Legal Opinion

Richardson v. Richardson

New York Court of Appeals

Decided July 16, 1948PublishedCited by 40 opinions

The persons entitled to the intestate property of plaintiff are beneficially interested in the trust. (Whitte-more v. The Equitable Trust Co., 250 N. Y. 298; Schoellkopf v. Marine Trust Co., 267 N. Y. 358; Engel v. Guaranty Trust Co., 280 N. Y. 43; Matter of Scholtz v. Central Hanover Bank & Trust Co., 295 N. Y. 488; Doctor v. Hughes, 225 N. Y. 305; Julier v. Central Hanover Bank & Trust Co., 272 App.

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The persons entitled to the intestate property of plaintiff are beneficially interested in the trust. (Whitte-more v. The Equitable Trust Co., 250 N. Y. 298; Schoellkopf v. Marine Trust Co., 267 N. Y. 358; Engel v. Guaranty Trust Co., 280 N. Y. 43; Matter of Scholtz v. Central Hanover Bank & Trust Co., 295 N. Y. 488; Doctor v. Hughes, 225 N. Y. 305; Julier v. Central Hanover Bank & Trust Co., 272 App. Div. 598.) The grantor has reserved to herself a reversion and the trust is revocable on her direction and consent alone. (Personal Property Law, § 23; Doctor v. Hughes, 225 N. Y. 305; City Bank…

1Opinion of the CourtCoNway, J.

There has been submitted to the Appellate Division a controversy upon an agreed statement of facts involving an inter vivos trust which the settlor now seeks to revoke. We must now determine whether a reversion or a remainder was created by the trust instrument.

On September 30, 1924, plaintiff-settlor executed a trust agreement in which she placed securities of substantial value in trust. She was then unmarried and had she died on that date her mother, Irene P. Currier, would have been her sole next of kin. Pour days later, on October 4, 1924, she married David L. Richardson. By the terms of…

2Cases cited13 opinions

  1. Doctor v. . HughesNew York Court of Appeals · 1919
  2. Whittemore v. Equitable Trust Co.New York Court of Appeals · 1929
  3. Berlenbach v. Chemical Bank and Trust CompanyNew York Court of Appeals · 1932
  4. Engel v. Guaranty Trust Co.New York Court of Appeals · 1939
  5. Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914

8 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Estate of Mandels v. CommissionerUnited States Tax Court · 1975
  2. Worm v. United States Trust Co.New York Court of Appeals · 1949
  3. Clark v. JudgeNew Jersey Superior Court Appellate Division · 1964
  4. Canfield v. CommissionerUnited States Tax Court · 1960
  5. Graham v. CommissionerUnited States Tax Court · 1966

35 more not listed; retrieve them via the Exa API.

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