In re Guest

Appellate Division of the Supreme Court of New York

In re Guest

286 A.D. 870, 142 N.Y.S.2d 188, 1955 N.Y. App. Div. LEXIS 4394

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 20, 1955

StatusPublished

Cited by3 cases

This text of 286 A.D. 870 (In re Guest) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Guest, 286 A.D. 870, 142 N.Y.S.2d 188, 1955 N.Y. App. Div. LEXIS 4394 (N.Y. Ct. App. 1955).

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Opinion

The special guardian appeals from an order, insofar as it reforms a trust indenture so as to permit revocation thereof by the petitioner-respondent, who was the trustor, on the consents of two named persons, and revokes the [871]*871indenture. Order modified on the law and the facts by striking therefrom the first, second, fourth and fifth ordering paragraphs, and by providing in lieu thereof that the application be denied. As so modified, order unanimously affirmed, with separate bills of costs to the special guardian and to the respondent Bessemer Trust Company. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. A voluntary irrevocable deed of trust may not be vacated by the trustor on the ground that at the time of the execution of the document he believed that it was revocable, “ except upon clear proof of the trustor’s misunderstanding of the nature of the paper executed” (Ludlam v. Ludlam, 194 App. Div. 411, 413, affd. 232 N. T. 615). The petitioner failed to establish the required proof. Present — Wenzel, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ.

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The special guardian appeals from an order, insofar as it reforms a trust indenture so as to permit revocation thereof by the petitioner-respondent, who was the trustor, on the consents of two named persons, and revokes the [871]*871indenture. Order modified on the law and the facts by striking therefrom the first, second, fourth and fifth ordering paragraphs, and by providing in lieu thereof that the application be denied. As so modified, order unanimously affirmed, with separate bills of costs to the special guardian and to the respondent Bessemer Trust Company. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. A voluntary irrevocable deed of trust may not be vacated by the trustor on the ground that at the time of the execution of the document he believed that it was revocable, “ except upon clear proof of the trustor’s misunderstanding of the nature of the paper executed” (Ludlam v. Ludlam, 194 App. Div. 411, 413, affd. 232 N. T. 615). The petitioner failed to establish the required proof. Present — Wenzel, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ.

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Bluebook (online)

286 A.D. 870, 142 N.Y.S.2d 188, 1955 N.Y. App. Div. LEXIS 4394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guest-nyappdiv-1955.

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