In re the Revocation of a Trust Agreement made by Landau

Appellate Division of the Supreme Court of New York

In re the Revocation of a Trust Agreement made by Landau

87 A.D.2d 755, 449 N.Y.S.2d 2, 1982 N.Y. App. Div. LEXIS 16180

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

DecidedApril 6, 1982

StatusPublished

This text of 87 A.D.2d 755 (In re the Revocation of a Trust Agreement made by Landau) 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 the Revocation of a Trust Agreement made by Landau, 87 A.D.2d 755, 449 N.Y.S.2d 2, 1982 N.Y. App. Div. LEXIS 16180 (N.Y. Ct. App. 1982).

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Opinion

Order of the Supreme Court, New York County (Bookson, J.), entered July 30, 1981, which, inter alia, denied petitioner’s application to revoke the trust agreement and granted the application of respondent American Savings Bank to have a successor trustee appointed, is reversed, without costs, on the facts, and petitioner’s application to revoke the trust agreement granted and respondent American Savings Bank’s cross application for appointment of a successor trustee denied. Petitioner and her parents entered into a trust agreement, naming her as the grantor and sole beneficiary and conferring upon her parents as trustees the right to revoke, which was personal as to them. It is clear that it was the intention of the parties that upon the death of both parents the power to revoke the trust, no purpose thereby remaining for its continued existence, would revert to the petitioner. Concur — Sullivan, J. P., Ross, Carro, Lupiano and Milonas, JJ. •

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Order of the Supreme Court, New York County (Bookson, J.), entered July 30, 1981, which, inter alia, denied petitioner’s application to revoke the trust agreement and granted the application of respondent American Savings Bank to have a successor trustee appointed, is reversed, without costs, on the facts, and petitioner’s application to revoke the trust agreement granted and respondent American Savings Bank’s cross application for appointment of a successor trustee denied. Petitioner and her parents entered into a trust agreement, naming her as the grantor and sole beneficiary and conferring upon her parents as trustees the right to revoke, which was personal as to them. It is clear that it was the intention of the parties that upon the death of both parents the power to revoke the trust, no purpose thereby remaining for its continued existence, would revert to the petitioner. Concur — Sullivan, J. P., Ross, Carro, Lupiano and Milonas, JJ. •

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Bluebook (online)

87 A.D.2d 755, 449 N.Y.S.2d 2, 1982 N.Y. App. Div. LEXIS 16180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-revocation-of-a-trust-agreement-made-by-landau-nyappdiv-1982.