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MATTER OF BISHOP v. MAURER

2723, 2724, 0575/05

73 A.D.3d 455 (2010)

899 N.Y.S.2d 612

In the Matter of LISA BISHOP et al., Respondents, v. RONA MAURER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 6, 2010.

In order for assets to become part of a trust under EPTL 7-1.18, the "grantor is obligated to actually transfer the assets" to the trust (Matter of Rothwell, 189 Misc.2d 191, 195 [2001]). Furthermore, the language of the statute is clear that mere "recital of assignment, holding or receipt" is insufficient for transferring assets to a trust. Here, the trust instrument simply recited that various assets belonged to, or had...

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