MATTER OF WARREN v. CROPSEY


51 Misc.2d 399 (1966)

In the Matter of Marcia Warren, Petitioner, v. Ann Cropsey et al., Individually and as Trustees under a Trust Created by Charles A. Simmons, Sr., Respondents.

Supreme Court, Special Term, Rensselaer County.

August 19, 1966


Attorney(s) appearing for the Case

McChesney & Kenney for petitioner. De Graff, Foy, Conway & Holt-Harris for Helen S. O'Brien and another, respondents. Cooper, Erving & Savage for Ann Cropsey and another, respondents.


HAROLD E. KOREMAN, J.

In May, 1960 Charles A. Simmons, Sr., purported to create an inter vivos trust, the corpus of which was 1,300 shares of voting preferred stock of the Simmons Machine Tool Corporation. Under the terms of the trust indenture Charles A. Simmons, Sr., was the sole settlor, the sole trustee and, during his lifetime, the sole income beneficiary. The indenture provided that after the settlor...

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