Hopkins v. Bank of New York

The question involved herein is whether an inter vivos agreement of trust, wherein plaintiff transferred certain property to defendant, as trustee, is revocable under section 23 of the Personal Property Law, upon the consent of plaintiff and her brother. The brother joined in the consent on the theory that he was plaintiff’s only next of kin at the time of the attempted revocation.

The determination of the question presented involves the familiar, but sometimes difficult problem as to whether the trust indenture created a reversion in the settlor, or a remainder in the persons referred to as…