Legal Opinion

Faulkner v. Irving Trust Co.

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

Decided December 5, 1930PublishedCited by 11 opinions

1Opinion of the CourtSherman, J.

On June 13, 1928, plaintiff created a voluntary trust whereby certain personal property was conveyed to defendant trust company for management and investment and to pay the net income therefrom to him. Paragraph “ seventh ” of the trust agreement permitted plaintiff to amend the instrument “ in any manner whatsoever,” except that he should not amend it-so as to withdraw any of the securities comprising a portion of the principal from the operation of this trust. Plaintiff exercised this right of amendment by a duly acknowledged writing on June 25, 1930, amending paragraph “ second ” of the…

2Cases cited2 opinions

  1. Doctor v. . HughesNew York Court of Appeals · 1919
  2. Aranyi v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1922

3Cited by11 opinions

  1. Porter v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1932
  2. In re DodgeNew York Court of Appeals · 1969
  3. Heifetz v. Bank of America National Trust & Savings AssociationCalifornia Court of Appeal · 1957
  4. Avery v. BenderSupreme Court of Vermont · 1956
  5. In re the Accounting of Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1954

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