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CHEM. BANK v. HERMAN

33 N.Y.2d 800 (1973)

Chemical Bank, as Trustee under an Indenture of Trust made by Bernard H. Ridder, Petitioner, v. Barbara Herman et al., Respondents. Jody R. McCoun et al., Appellants; Marcia R. Van Vliet et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

George B. De Luca, as guardian ad litem for infants, appellants.

John E. McAniff for Edgar A. Jones, Jr., appellant.

William S. Ellis and Edward D. Dove for Marcia R. Van Vliet, respondent.

John R. Young and William C. Walsh for Thomas Le Bosquet, respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the trust, in the following memorandum: The court bases its conclusion that no trust was created in 1931 on the fact that there was then no acceptance of any trust. The court is not required to and does not reach the issue whether there was a failure to establish effectively a trust res by substitute documentation and delivery of the substitute document to a...

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