Hussey v. City Bank Farmers Trust Co.

The essential facts contained in the submission are set forth in the opinion of Mr. Justice Martin. I am unable to agree with his conclusion and am-of opinion that the defendant should have judgment. The case is in no sense distinguishable in principle from the decision of the Court of Appeals in Whittemore v. Equitable Trust Co. (250 N. Y. 298). In that case the deed creating a trust in personal property for the life of a beneficiary provided that at the death of the life beneficiary the trustee was to pay the principal of the estate to the settlor if he be alive, or if he be dead, to pay it…