In Re Dolard

IRVING HILL, District Judge.

OPINION and ORDER AFFIRMING REFEREE IN PART AND REMANDING IN PART

This is a petition for review of an order of a Referee in bankruptcy. The bankrupt, a resident of California, is a beneficiary of a New York testamentary trust. The bankrupt is a present income beneficiary of the trust and, in addition, has a contingent remainder in the corpus. The question presented is whether, and to what extent, the bankrupt’s interest in the trust has passed to the trustee in bankruptcy.

The trust in question was established by the will of a New York decedent. It has at all times…