MATTER OF FRENCH-AMERICAN AID FOR CHILDREN, INC.

4394. 2312/15.

151 A.D.3d 662 (2017)

2017 NY Slip Op 05324

54 N.Y.S.3d 850

In the Matter of FRENCH-AMERICAN AID FOR CHILDREN, INC., et al., Respondents. JOERG KLEBE, Appellant; ERIC T. SCHNEIDERMAN, Attorney General, Respondent.

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

Decided June 29, 2017.


Objectant's contention that petitioner did not properly revoke the trust because it used Estates, Powers and Trusts Law § 7-1.9 (a) instead of section 8-1.1 (c) (2) is unavailing. Before 1985, cases held that a charitable trust could use the predecessor of EPTL 7-1.9 (a) (see e.g. Hanover Bank v United Brethren's Church on Staten Is., 134 N.Y.S.2d 356, 361-362 [Sup Ct, NY County 1954]). In 1985, EPTL 7-1.9 was amended to add paragraph (c), which provided that...

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