Legal Opinion · Dissent
In re Olena
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1940Published
1Dissent
Lazansky, P. J. (dissenting).
The provisions of paragraph “ Third,” subdivision IV, are somewhat obscure, but “ the court struggles to preserve, and surrenders to nothing short of obvious compulsion.” (Matter of Gallien, 247 N. Y. 195, 200.) Although the word “ trust ” is used, there is mention neither of the receipt nor of the application of income. There is a passive trust. (Verdin v. Slocum, 71 N. Y. 345; Monypeny v. Monypeny, 202 id. 90; Matter of Rogers, 251 App. Div. 478.) No estate vests in the trustee. (Real Prop. Law, § 93.) Petitioner is presumptively entitled to the next eventual…
2Cases cited7 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Matter of GallienNew York Court of Appeals · 1928
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- In re the Estate of DrakeNew York Surrogate's Court · 1934
- Verdin v. . SlocumNew York Court of Appeals · 1877
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