Commercial Trust Co. of N.J. v. Adelung

The complainant seeks instructions as to who is, or are, entitled to a trust fund held by it under an indenture of trust dated October 3d 1924, made by John F.W. Noe, who died on or about October 7th, 1943.

Under the indenture, Noe, the settlor, reserved to himself the income of the trust for the period of his life. The pertinent part of the indenture reads as follows:

"* * * and upon the death of the Settlor, his wife, Lillian L. Noe surviving him, then to pay over, assign and transfer to her the corporate stocks, securities, and other personal property then constituting said trust fund,…