MANICE v. THE HOWARD SAVINGS INSTITUTION


30 N.J. Super. 267 (1954)

104 A.2d 74

BARBARA BRADLEY MANICE, PLAINTIFF, v. THE HOWARD SAVINGS INSTITUTION, A CORPORATION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 26, 1954.


Attorney(s) appearing for the Case

Mr. Saul J. Zucker for the plaintiff (Messrs. Kristeller and Zucker, attorneys).

Mr. Corwin Howell for the defendant (Messrs. Pitney, Hardin & Ward, attorneys).


FREUND, J.S.C.

The question for determination is whether the settlor may terminate an inter vivos "irrevocable" active trust agreement, which contains spendthrift trust provisions, on the ground that she has become the sole beneficiary.

On November 23, 1943 the plaintiff Barbara Bradley Manice, as settlor, entered into an agreement with the defendant The Howard Savings Institution, as trustee, under the terms of which she was to receive all of the income...

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