Legal Opinion

In re Muller

New York Supreme Court

Decided July 25, 1961Published

1Opinion of the CourtJoseph A. Suozzi, J.

By this proceeding under article 79 of the Civil Practice Act, the petitioner settlor seeks a determination of the validity and effectiveness of similar instruments amending four trusts, and of acts of the petitioner settlor done in reliance thereon, removing and substituting trustees.

The four trusts in question were created by the petitioner Henry Muller in 1956, the documents being similar in their general provisions. The only language found in the documents relating to replacement of trustees is the following: “ 4. Should any of the aforesaid Trustees die, resign or become disqualified to…

2Cases cited5 opinions

  1. O'Hagan v. KrackeNew York Supreme Court · 1937
  2. O'Hagan v. KrackeAppellate Division of the Supreme Court of the State of New York · 1938
  3. County Trust Company v. YoungNew York Court of Appeals · 1942
  4. County Trust Co. v. YoungAppellate Division of the Supreme Court of the State of New York · 1941
  5. Chase National Bank v. MackenzieNew York Supreme Court · 1947

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