Levy

Plaintiff is the trustor (or settlor) of two trusts which he claims he has the right to terminate. He appeals from a judgment in favor of the trustee that the trustor has no right to terminate either trust.

Plaintiff’s maternal grandmother on May 29, 1937, created a trust, the fife beneficiary of which was plaintiff’s mother and a remainderman of which was the plaintiff. The grandmother died June 11, 1938, leaving a will by which plaintiff received a remainder interest in a testamentary trust contingent upon his surviving his mother.

Plaintiff became 21 years of age on October 26, 1956. Thereupon his mother’s attorney, at her request and without consulting plaintiff, prepared the two trust instruments here in question, the corpus of one trust being plaintiff’s remainder interest under the living trust of his grandmother and the corpus of the other being his remainder interest under the testamentary trust of his grandmother. Plaintiff executed each declaration of trust October 30,1956.

So far as it is pertinent here, both declarations of trust are identical. Plaintiff is the trustor and the beneficiary of the net income for his life. Upon his death, the corpus is to be…