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John S. Behr, Also Known as Max H. Behr, Jr. v. Chase National Bank of New York City
Opinions in this case
- Majority
- Majority
Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. It appears from the face of the complaint that persons beneficially interested in the trust have not given their consent. The trust, therefore, may not be revoked. (See Schoellkopf v. Marine Trust Co., 267 N. Y. 357; Whittemore v. Equitable Trust Co., 250 id. 298.) Present —■ Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.