Legal Opinion

In re Commercial National Bank & Trust Co.

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

Decided October 24, 1950Published

1Opinion of the CourtVan Voorhis, J.

This proceeding has been instituted by the Commercial National Bank and Trust Company of New York, for a construction of a trust indenture under which the settlor appellant Daniel P. Erwin and itself are cotrustees.

Appellant in 1930 created this trust consisting of securities then worth about $250,000, the income from which was directed to be paid to appellant (who is hereinafter described as 11 settlor ”) during the term of his natural life, and the principal to his personal representative upon his decease. This trust was to be revocable after five years from its creation, and was subject to…

2Cases cited6 opinions

  1. In Re the Will of ChapalNew York Court of Appeals · 1936
  2. In Re the Judicial Settlement of the Account of AlbertsonNew York Court of Appeals · 1889
  3. Morgan v. HerzogNew York Court of Appeals · 1950
  4. Rice v. HalseyAppellate Division of the Supreme Court of the State of New York · 1913
  5. In re FallonAppellate Division of the Supreme Court of the State of New York · 1936

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