Bodner v. Feit

Untermyer, J. (dissenting).

Giving to the complaint the most favorable interpretation, it alleges that Nathan Bodner, the deceased, at various times created trusts and made transfers of certain of his property for the benefit of his children. In the case of each trust, it is alleged, Nathan Bodner was trustee and there is also a general allegation, entirely consistent therewith, that until his death he “ exercised control over the said property.” The exact terms of the trusts are not set forth in the complaint, but from the allegation that Nathan Bodner “ received the rents, interests, profits…