Majority
p. 1028Regina Margareten, Respondent, v. Lena H. Margareten, as Administratrix with the Will Annexed of the Estate of Jacob Margareten, Deceased, Appellant, et al., Defendants.
The facts alleged in the complaint do not constitute either a gift of shares of stock by plaintiff to her sons or an agreement pursuant to which a trust was created. They do, however, show that a trust ivas established without a reservation of the power of revocation. No facts are alleged authorizing rescission of the trust.
The order denying the motion to dismiss the complaint should be reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the complaint granted.
Martin, P. J., Townley, Callahan, Wasservogel and Peck, JJ., concur.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted.