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MATTER OF RYAN

284 A.D. 102 (1954)

In the Matter of the Construction of an Indenture of Trust Made by McAlexander D. Ryan. Guaranty Trust Company of New York et al., as Trustees, et al., Appellants; McAlexander D. Ryan, Individually and as Trustee, Respondent

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

May 18, 1954.

Attorney(s) appearing for the Case

Walter D. Fletcher of counsel (Andrew Y. Rogers and Standish F. Medina with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for trustees, appellants.

Edward V. Loughlin, as guardian ad litem, appellant in person.

Francis J. Rogers of counsel (Paul Saurel with him on the brief; Morris & McVeigh, attorneys), for respondent.

PECK, P. J., DORE, BREITEL and BERGAN, JJ., concur.

CALLAHAN, J.

This is an appeal from a final order holding that the settlor of an inter vivos trust was entitled to revoke the same without the consents of living persons who would be his distributees if he died as of the date of revocation. The question for decision is whether the trust instrument created remainders in such distributees or a reversion in the settlor.

The trust indenture was executed...

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