Legal Opinion

Richardson v. Richardson

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1947Published

1Opinion of the CourtVan Voorhis, J.

This submitted controversy is resolved by a determination that the disposition under the inter vivos trust agreement of the corpus as in case of intestacy of "the settlor, constituted a reversion rather than a remainder. Consequently, plaintiff is entitled to revoke the trust (Personal Property Law, § 23).

On the death of the settlor, for whose own benefit the income was to be paid during her life, the corpus was to go as disposed of by her will and, failing such disposition, to her mother, if living; but if the mother should not then be living, “ said principal shall go to such persons as…

2Cases cited3 opinions

  1. City Bank Farmers Trust Company v. MillerNew York Court of Appeals · 1938
  2. Matter of Scholtz v. Central Hanover Bk. Tr. Co.New York Court of Appeals · 1946
  3. Fish v. Chemical Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1945

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