WERBELOVSKY v. MFRS. TRUST CO.


12 A.D.2d 793 (1961)

Charles Werbelovsky, Respondent, v. Manufacturers Trust Company et al., Defendants, and Jennie Hertzstein, Appellant

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

January 9, 1961


Orders reversed, upon the law, with one bill of $10 costs and disbursements; said defendant's motion for judgment on the pleadings granted and complaint dismissed; and plaintiff's motion for summary judgment denied.

Questions of fact have not been considered. The trust instrument does not contain any power in a surviving settlor to revoke the trust. In such event, this plaintiff may not bring an action either to revoke or terminate the trust (Culver v. Title Guar...

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