KOLB v. EMPIRE TRUST CO.


280 A.D. 370 (1952)

Genevieve P. Kolb, Plaintiff, v. Empire Trust Company, as Trustee, Defendant

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

June 17, 1952.


Attorney(s) appearing for the Case

Patrick W. Allatin for plaintiff.

George T. Manuel of counsel (Olin, Murphy & Redmond, attorneys), for defendant.

PECK, P. J., DORE, VAN VOORHIS and HEFFERNAN, JJ., concur.


COHN, J.

On February 13, 1935, plaintiff, the settlor, created an inter vivos trust by executing a trust indenture, under the provisions of which she placed a bond and mortgage in the sum of $116,250 in trust with defendant. This is the only item in the trust. By the terms of the indenture, it was directed that during the life of plaintiff settlor the defendant-trustee should pay over the net income of...

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