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MATTER OF PEABODY

5 N.Y.2d 541 (1959)

In the Matter of the Amendment to a Trust Agreement between Judith D. Peabody, as Grantor, and Elizabeth T. Dunnington et al., as Trustees. Chase Manhattan Bank et al., Respondents; Howard M. Holtzmann, as Guardian ad Litem for Elizabeth T. Peabody, an Infant, Appellant.

Court of Appeals of the State of New York.

Decided April 16, 1959.

Attorney(s) appearing for the Case

Howard M. Holtzmann, in person, and Frank P. Broz for Howard M. Holtzmann, appellant.

Peyton H. Moss and Paul H. Fox for Judith Dunnington Peabody, respondent.

No appearance for remaining respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

Whether or not a child en ventre sa mere is a "person beneficially interested" in a trust, within the meaning of section 23 of the Personal Property Law, is the sole question presented. If it is such a person, then, there may be no revocation of the trust even though all the living beneficiaries interested have given their consents.

On May 11, 1951, five days after reaching her twenty-first...

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