Legal Opinion
Carlebach v. Central Hanover Bank & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 1945PublishedCited by 3 opinions
1Opinion of the CourtCallahan, J.
The question presented in this controversy is whether, attempted cancelations of certain life estates created under two inter vivos trusts were valid as partial revocations of such trusts, and thus permissible under section 23 of the Personal Property Law, or invalid under section 15 of the Personal Property Law, as attempted transfers or assignments of the right of the beneficiaries under said trusts.
*47On May 11, 1932, two brothers (Herbert L. and Walter M. Carlebach) each created an inter vivos trust providing for the payment of the income therefrom to their mother (Katie Carlebach) for her…
2Cases cited4 opinions
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
- Newton v. . HuntNew York Court of Appeals · 1911
- Baker v. Fifth Avenue BankAppellate Division of the Supreme Court of the State of New York · 1928
3Cited by3 opinions
- In re the Accounting of WamsleyNew York Surrogate's Court · 1956
- In re the Estate of RunalsNew York Surrogate's Court · 1972
- In re the Final Accounting of O'SheaNew York Supreme Court · 1959