O'HAYER v. DE ST. AUBIN


30 A.D.2d 419 (1968)

Lorraine O'Hayer, Appellant, v. Honore De St. Aubin et al., as Executors of Ovide De St. Aubin, Jr., Deceased, Respondents

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

August 19, 1968.


Attorney(s) appearing for the Case

Cahill, Gordon, Sonnett, Reindel & Ohl (John P. Ohl, Paul W. Williams, Jerome Doyle and Allen S. Joslyn of counsel), for appellant. McCarthy, Fingar, Gaynor, Sullivan & Donovan (Arthur F. Gaynor and John G. McQuaid of counsel), for respondents.

BENJAMIN, MUNDER and MARTUSCELLO, JJ., concur; BRENNAN, Acting P. J., not voting.


HOPKINS, J.

In 1942 Ovide de St. Aubin, Sr., created a revocable inter vivos trust, which provided that its terms were to be interpreted under the laws of Rhode Island. He designated himself as a trustee, together with Ovide de St. Aubin, Jr., his son, and three Rhode Island residents, as cotrustees. He limited the duration of the trust for the lives of himself and his son, Ovide, Jr., and directed that...

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