HOPE v. UNITED STATES TRUST CO. OF N. Y.


281 A.D. 52 (1952)

Maud C. Hope, Plaintiff, v. United States Trust Company of New York et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1952.


Attorney(s) appearing for the Case

Francis A. Booth of counsel (Morris & McVeigh, attorneys), for plaintiff.

William S. Gaud, Jr., of counsel (David L. Frothingham with him on the brief; Carter, Ledyard & Milburn, attorneys), for defendants.

PECK, P. J., COHN and CALLAHAN, JJ., concur.


DORE, J.

In this submission of controversy, under sections 546 to 548 of the Civil Practice Act, the question is whether the settlor of an inter vivos trust can revoke the trust in part to the extent of $50,000 under section 23 of the Personal Property Law, providing for revocation on the written consent of all persons beneficially interested. By the terms of the trust, plaintiff, settlor, concededly retained...

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