Ascher v. Ross

This is a motion by plaintiff for summary judgment.

The first of the three causes of action pleaded in the complaint appears to proceed upon the theory that a trust agreement and an amendment thereof, both of which named defendant as trustee, created passive rather than active trusts and that, by virtue of the provisions of section 93 of the Beal Property Law (which has been held applicable to trusts of personalty [Matter of De Rycke, 99 App. Div. 596]), no estate vested in defendant. The relief demanded is that certain stock, which constituted the corpus of the trust, be adjudged to belong to…