Legal Opinion

In re the Construction of Trust between Gilbert & Chase Manhattan Bank

New York Court of Appeals

Decided June 10, 1976PublishedCited by 20 opinions

1Opinion of the CourtFuchsberg, J.

On December 28, 1961, Abbey E. Gilbert, as grantor, created an irrevocable trust of personal property consisting of named securities. He did so by executing an instrument denominated simply as a "Trust Indenture”. It provided that Elizabeth M. Guenther, to whom it recited the grantor had been married in Mexico in 1957, was to receive its net income quarterly during her lifetime but, if she died within a 10-year period, the trust was nevertheless to continue for the balance of the 10 years, during which the net income was to be paid to the grantor’s three children. The term of the trust was,…

2Cases cited10 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. In re DodgeNew York Court of Appeals · 1969
  3. Coyne v. . WeaverNew York Court of Appeals · 1881
  4. In re the Accounting of BankAppellate Division of the Supreme Court of the State of New York · 1952
  5. In re the Accounting of Bank of New York & Fifth Avenue BankNew York Court of Appeals · 1953

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3Cited by20 opinions

  1. In re the Estate CordNew York Court of Appeals · 1983
  2. Blackrock Financial Management Inc. v. Segregated Account of AMBAC Assurance Corp.Court of Appeals for the Second Circuit · 2012
  3. Andrews v. Trustco BankAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re the Judicial Settlement of the Account of the Chase Manhattan BankNew York Court of Appeals · 2006
  5. In re the Estate of GagliardiNew York Court of Appeals · 1982

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