Brooklyn Trust Co. v. Smart

Obviously it was the intention of the incompetent to use the proceeds of the account in question for the support and maintenance of her daughter. However, the act of creating the account coupled with such intention, standing alone, does not constitute sufficient evidence to warrant the court in declaring an irrevocable trust. There does not appear to be any other affirmative act or declaration on the part of the incompetent which would tend to denote, that she intended to make it irrevocable. On the contrary, it is my opinion that a tentative trust was created. This is borne out by the fact…