Legal Opinion · Concurrence

In re the Accounting of Bankers Trust Co.

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

Decided January 19, 1968Published

1ConcurrenceGibson, P. J.

The trust donor’s intent is, of course, controlling in determining whether the situs of the trust may be removed from this State. “ In the absence of a contrary intent shown to have been held by the creator of a trust, there is nothing in our public policy which prevents such a transfer ”. *149(Matter of Weinberger, 21 A D 2d 780, 781.) Here, in the light of all the circumstances, the settlor’s direction that the trust be administered in accordance with the law of this State and her selection of a New York bank as the original trustee constitute a sufficient showing that she intended that the…

2Cases cited3 opinions

  1. In re the Accounting of New York Trust Co.New York Supreme Court · 1949
  2. In re the Accounting of WeilNew York Supreme Court · 1957
  3. In re the Accounting of FirthNew York Surrogate's Court · 1953

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