Legal Opinion

Stella v. New York Trust Co.

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

Decided May 25, 1928PublishedCited by 8 opinions

1Opinion of the CourtMartin, J.

By this action the plaintiff seeks a judgment revoking a trust agreement which provides that upon the death of the donor the trustee shall distribute as the donor shall, by will, appoint and, should there be no such appointment, “ in the manner determined by the laws of the State of New York.”

The trust property is exclusively personalty. It amounts to $15,000.

The agreement directs the trustee:

“ First. To receive, hold, manage, sell, invest and reinvest the same and every part thereof, in the manner hereinafter specified, *51and to collect, recover and receive the issues, interest, income and…

2Cases cited4 opinions

  1. Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Cram v. WalkerAppellate Division of the Supreme Court of the State of New York · 1916
  3. Schwartz v. Fulton Trust Co.New York Supreme Court · 1922
  4. Goodwin v. Broadway Trust Co.New York Supreme Court · 1914

3Cited by8 opinions

  1. Berlenbach v. Chemical Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
  2. City Bank Farmers Trust Co. v. MillerNew York Supreme Court · 1937
  3. Hammond v. Chemung Canal Trust Co.New York Supreme Court · 1931
  4. Fish v. Chemical Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1945
  5. Schoellkopf v. Marine Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934

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