MATTER OF CERCHIA


279 A.D. 734 (1951)

In the Matter of Victor Cerchia, Respondent. Louis Cerchia, as Trustee of an Express Trust Made by Himself, Appellant

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

December 18, 1951.


Per Curiam.

The writing relied upon as creating a trust of the securities does not accomplish that purpose. It manifests no intention on the part of the settlor to impose any enforcible duties upon himself as trustee. In the absence of such an intention no trust is created (Restatement, Trusts, § 25).

Analyzing the writing we find that the settlor retained exclusive control over the disposition of the income. The securities, comprising the corpus...

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