Werbelovsky v. Manufacturers Trust Co.

In an action by a surviving settlor of an inter vivos trust: (a) to terminate the trust; (b) to declare the trust void; or (e) to invade the trust principal in order to provide adequately for the care and support of the trust’s life beneficiary, the defendant, Jennie Hertzstein, one of the remaindermen-beneficiaries, appeals: (1) from an order of the Supreme Court, Kings County, dated July 8, 1959, denying her motion for judgment on the pleadings dismissing the complaint on the ground that it fails to state facts sufficient to constitute a cause of action; and (2) from another order of said…