MATTER OF BOISSEVAIN


40 Misc.2d 237 (1963)

In the Matter of The Estate of Arabelle M. Boissevain, Deceased.

Surrogate's Court, New York County.

August 6, 1963


Attorney(s) appearing for the Case

Dillon & O'Brien (Herbert C. Pentz of counsel), for Irving Trust Company, petitioner. Turk, Marsh, Ouchterloney, Kelly & Hoare (Alexander L. Caccia of counsel), for Arabella B. Pray, respondent. Sol A. Rosenblatt for Cynthia A. Boissevain, respondent. Edward V. Loughlin, as special guardian.


S. SAMUEL DI FALCO, S.

In ruling upon the objections to the account of the sole surviving trustee, this court held that an assignment by the income beneficiary to his daughter was revocable by him. We said: "Section 15 of the Personal Property Law, does not contain any exception in respect of assignments within the family unit. The rights of such assignees are to be judged under established principles of equity...

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