In re the Accountings of National City Bank

The trust agreements disclose that the settlor did not intend to make a gift of the remainders in the event he lived beyond December 1, 1946. This is clearly evidenced by the fact that all of the contingencies provided for are predicated upon his death on or prior to that date. In subdivision C of article first of the agreements he directed payment of the principal to the beneficiaries on December 1, 1946, in the event they were then living and he was dead; the provisions of subdivision D were to govern in the event the settlor and the beneficiaries died before December 1, 1946, with the…