Milberg v. Nagler

A trust was created by the provisions establishing the retirement fund, contained in the collective agreement dated June 28,1943 upon which plaintiff relies. A consideration in determining whether a trust has been created is the intention of the parties (1 Scott, Trusts [2d ed.], § 12.2). In the instant case a reading of the provisions of the 1943 agreement, relating to establishment of the retirement fund, makes manifest that the creation of a trust was intended. The fund established by the said agreement was a distinct fund, consisting of employers ’ contributions paid over to the members…