New York Trust Co. v. Nieta E. Weaver
New York Court of Appeals
I. Tbe 1927 document was intended to modify tbe 1926 trust indenture. II. Tbe trust indenture could not be modified, extended or enlarged without tbe written consent of all persons beneficially interested in tbe trust as required by section 23 of tbe Personal Property Law. (Schoellkopf v. Marine Trust Go., 267 N. Y. 358; Graham v. Manufacturers Nat. Bank, 261 App. Div. 46; Cram v. Walker, 173 App.
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I. Tbe 1927 document was intended to modify tbe 1926 trust indenture. II. Tbe trust indenture could not be modified, extended or enlarged without tbe written consent of all persons beneficially interested in tbe trust as required by section 23 of tbe Personal Property Law. (Schoellkopf v. Marine Trust Go., 267 N. Y. 358; Graham v. Manufacturers Nat. Bank, 261 App. Div. 46; Cram v. Walker, 173 App. Div. 804; WhiMemore v. Equitable Trust Co., 250 N. Y. 298; Smith v„ Tiñe Guar. $ Trust Co., 287 N. Y. 500; Gage v. Irving Bank, & Trust App. Div. 92, 248 N. Y. 554.) III. Tbe settlor did not by tbe…
1Opinion of the CourtLewis, J.
The trustee of two inter vivos trusts has instituted this action to determine their validity and construction. The answer and counterclaims interposed by the defendants-appellants — which pleaded the invalidity of the second trust agreement— were dismissed at Special Term upon a motion by the plaintiff-trustee for summary interlocutory judgment. Special Term ruled that the trusts were valid and ordered the trustee to account. The Appellate Division unanimously affirmed the interlocutory judgment and the order of Special Term. Thereupon, accounts were filed by the trustee and Special Term…
2Cases cited8 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Genet v. . HuntNew York Court of Appeals · 1889
- The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
- Guaranty Trust Co. v. New York Trust Co.New York Court of Appeals · 1947
- N.Y. Life Ins. T. Co. v. . CaryNew York Court of Appeals · 1908
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3Cited by8 opinions
- Turner v. Estate of TurnerIndiana Court of Appeals · 1983
- Morgan v. KeyesNew York Court of Appeals · 1951
- Bieley v. BieleyDistrict Court of Appeal of Florida · 1981
- In Re Central Home Trust Co.New Jersey Superior Court Appellate Division · 1960
- Morgan v. KeyesNew York Supreme Court · 1950
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