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MATTER OF SPITZMULLER

279 A.D. 233 (1951)

In the Matter of Lucy Spitzmuller, Respondent. Bankers Trust Company, Trustee of Trusts Created by Indentures Made by Morton Otis, Appellant

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

December 11, 1951.

Attorney(s) appearing for the Case

Orison S. Marden of counsel (Haliburton Fales 2d and John M. Johnston with him on the brief; White & Case, attorneys), for appellant.

Leslie H. Arps of counsel (Joseph H. Flom and John S. Estey with him on the brief; Root, Ballantine, Harlan, Bushby & Palmer, attorneys), for petitioner-respondent.

Peter Keber of counsel (Dorsey, Burke & Keber, attorneys), for New York State Bankers Association, amicus curiæ.

PECK, P. J., GLENNON, DORE and CALLAHAN, JJ., concur.

COHN, J.

In 1926 Morton Otis, an American citizen temporarily residing in Europe, created two inter vivos trusts. Appellant, Bankers Trust Company, was appointed trustee. The corpus of the trusts consisted of shares of the capital stock of Gillette Safety Razor Company. One of the trusts contained 1,000 shares and the other 600 shares. The trusts were created to make some provision for Helena Otis, the...

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