156 A.D. 753 | N.Y. App. Div. | 1918
The following Special Term: is the opinion of Page, J., delivered at
This is an acticjn to construe a deed of trust. The relief asked for is a decree that no person other than the plaintiff has any beneficial interest in the deed, and that an attempted revocation thereof by the plaintiff be declared valid, and the defendant be directed to ¡account and pay over the property covered by it to the plaintiff. It is alleged in the Complaint that the plaintiff executed a deed of trust to the defendant whereby certain personal property was conveyed to Mm in trust to manage and Mvest it and to pay the net ■income therefrom to the plamtiff during her life,j and at and after her death to transfer and distribute the property among such persons as the plamtiff should designate by her last will and testament, and m case the plamtiff should die intestate, to convey to and divide the property equally among the lawful issue of "the plaintiff which she. may leave surviving her. There was "another limitation over in case the plaintiff should- die Mtestate and without issue. The complaint furijher states that the plaintiff has three children—Frank, George and Ida Crackanthorpe — all of whom are mfants under ¡the age of fourteen years. The plamtiff then concludes that! she is the oMy.person beneficially interested in the trust deed,, and alleges that she revoked it by giving notice in writing to! the trustee and that she has demanded the
Consol. Laws, chap, 41 (Laws of 1909, chap. 45), § 33, added by Laws of 1909, chap. 347.—[Rep.
Consol. Laws, chap. 50; Laws of 1909, chap. 53.— [Rep. . .