McKnight v. Bank of New York

Order denying motion to dismiss complaint affirmed, with ten dollars costs and disbursements, with leave to defendants to answer within ten days from service of a copy of the order entered herein. In our opinion, the trust here is revocable, and the decision is, therefore, correct under the principle laid down in Whittemore v. Equitable Trust Co. ( 162 App. Div. 607 ). The decision is based upon this ground only. Young, Hagarty, Seeger and Scudder, JJ., concur; Rich, J., concurs in result.