MATTER OF STEVENS


282 A.D. 571 (1953)

In the Matter of Ludlow W. Stevens, Respondent. New York Trust Company, as Cotrustee under an Indenture of Trust Made by Ludlow W. Stevens, as Settlor, Appellant

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

November 10, 1953.


Attorney(s) appearing for the Case

Asbury Hayne de Yampert of counsel (C. Sims Farr with him on the brief; White & Case, attorneys), for appellant.

Arthur H. Beyer for respondent.

PECK, P. J., DORE, CALLAHAN, BREITEL and BASTOW, JJ., concur.


Per Curiam.

The trust created by the respondent in 1947 expressed an intent to create a beneficial interest in the distributees of his estate under the laws of intestacy of this State in default of the exercise by him of the reserved testamentary power of appointment. The identity of such persons cannot be determined until the death of the respondent.

It has been held that to transform into a remainder what...

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