Shannon v. Irving Trust Co.

CourtNew York Court of Appeals
Writing for the CourtRIPPEY
Citation9 N.E.2d 792,275 N.Y. 95
PartiesSHANNON v. IRVING TRUST CO. et al.
Decision Date13 July 1937

275 N.Y. 95
9 N.E.2d 792

SHANNON
v.
IRVING TRUST CO. et al.

Court of Appeals of New York.

July 13, 1937.


Submission of controversy between John Shannon, plaintiff, and the Irving Trust Company, as trustee under a certain indenture of trust dated December 12, 1929 and others, on an agreed statement of facts. Appeal by permission of the Appellate Division from judgment of the Appellate Division (246 App.Div. 280, 285 N.Y.S. 478) in favor of defendants.

Affirmed.

[9 N.E.2d 792]

Appeal from Supreme Court, Appellate Division, First Department.
G. Gilbert Palmer, of New York City, for appellant.

Herbert P. Carter and Howard Carter, both of New York City, for respondents Irving Trust Co. and Joseph G. Shannon.


Francis J. Rogers and Mark W. Maclay, both of New York City, for respondent Hill School.

Richard S. Emmet and John L. Merrill, Jr., both of New York City, for Bank of New York & Trust Co., amicus curiae.

[9 N.E.2d 793]



Thomas A. Ryan and William Parsons, both of New York City, amici curiae, for Tweed, Hope & Webb.


RIPPEY, Judge.

On December 13, 1929, a trust indenture was duly executed in the city of New York between Joseph G. Shannon, who was then a resident of Jersey City and domiciled within the State of New Jersey, and the Irving Trust Company, a corporation organized and existing under the laws of the State of New York with its principal office at 233 Broadway, New York City, as trustee, whereby an irrevocable trust was created for the benefit, among others, of Goewey F. Shannon, wife of the settlor, and plaintiff herein, John Shannon, the son of the settlor, both of which beneficiaries were then residents of and domiciled within the State of New Jersey. At the same time, the settlor delivered to the trustee various stocks, funds, securities, and properties set forth in a schedule annexed to the instrument. Thereupon the trustee entered upon the administration of the trust at its office in the city of New York and has continued to administer it to the time of the commencement of this action. The trust created for the wife consisted of fixed items of income with the provision that all income in excess of the amount named should accumulate and become part of the principal of the trust. Up to December 26, 1933, when Goewey F. Shannon died, she continued to be a resident of and domiciled within the State of New Jersey, and her sole heirs at law and next of kin, both under the laws of New Jersey and of New York, were her husband and son aforesaid. The trust instrument provided that upon her death the trustee should thereafter pay to the son, John Shannon, monthly, an aggregate annual income of $3,000 until the son should arrive at twenty-five years of age; that thereafter the income to the son, payable in monthly installments, should aggregate $5,000 per year until the son arrived at the age of thirty years; that thereafter the income to the son should be increased to $10,000 per year until he should arrive at the age of thirty-five years, after which time he should receive the full income from the trust estate for the balance of his life. All income in excess of the amounts thus payable to the son was directed to become a part of the trust estate. The trust instrument provided that, at the death of the son, the principal and accumulated income should pass to the issue of the son, or, if the son should die without issue surviving, to the Hill School of Pattstown, Pa. At the time the trust was created, the plaintiff was a resident of and domiciled within the State of New Jersey and his domicile has continued in that state to the time of the commencement of the action. There accumulated in the hands of the trustee income in excess of the amount paid to the wife according to the terms of the trust in the sum of $6,370.16, and the sum of $10,608.72 in excess of the income paid to the son since the death of the wife. Other provisions of the trust instrument are not material, except the last clause, which reads as follows: ‘The Trustee shall receive for its services, its necessary expenses and the commissions allowed testamentary trustees by the laws of the State of New York instead of the laws of the State of New Jersey, but otherwise the laws of the State of New Jersey shall govern this trust indenture and any construction to be placed thereupon or interpretation thereof.’

Upon submission to the Appellate Division in the First Department pursuant to sections 546-548 of the Civil...

To continue reading

Request your trial
25 practice notes
  • Schultz v. Boy Scouts of America, Inc.
    • United States
    • New York Court of Appeals
    • April 30, 1985
    ...supra, at p. 111, 120 N.E. 198; see also, Matter of Walker, 64 N.Y.2d 354, 486 N.Y.S.2d 899, 476 N.E.2d 298; Shannon v. Irving Trust Co., 275 N.Y. 95, 103, 9 N.E.2d 792). In addition, the proponent must establish that there are enough important contacts between the parties, the occurrence a......
  • In re Joint Eastern & Southern Dist. Asbestos Lit., Bankruptcy No. 82 B 11656 (BRL)-82 B 11676 (BRL)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 27, 1991
    ...Application of Electronic & Missile Facilities, Inc., 38 Misc.2d 423, 236 N.Y.S.2d 594 (N.Y.Sup.Ct. 1962); Shannon v. Irving Trust Co., 275 N.Y. 95, 105, 9 N.E.2d 792, 795 (1937) (court gave effect to provision in inter vivos trust that local law of New York should determine trustee commiss......
  • Kilberg v. Northeast Airlines, Inc.
    • United States
    • New York Court of Appeals
    • January 12, 1961
    ...part of the Massachusetts law (see Mertz v. Mertz, 271 N.Y. 466, 471, 3 N.E.2d 597, 598, 108 A.L.R. 1120; Shannon v. Irving Trust Co., 275 N.Y. 95, 102, 103, 9 N.E.2d 792, 794). The Massachusetts cases likewise say that Massachusetts will enforce the lex loci delicti in wrongful death suits......
  • Harvey v. Fiduciary Trust Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 18, 1938
    ...and Taxation, 284 Mass. 225, 230, 187 N.E. 596;Hutchison v. Ross, 262 N.Y. 381, 187 N.E. 65, 89 A.L.R. 1007;Shannon v. Irving Trust Co., 275 N.Y. 95, 9 N.E.2d 792; American Law Institute, Restatement, Conflict of Laws, §§ 297, 299; Beale, Conflict of Laws, §§ 118C.40, 294.3, 297.2, 299.1). ......
  • Request a trial to view additional results
25 cases
  • Schultz v. Boy Scouts of America, Inc.
    • United States
    • New York Court of Appeals
    • April 30, 1985
    ...supra, at p. 111, 120 N.E. 198; see also, Matter of Walker, 64 N.Y.2d 354, 486 N.Y.S.2d 899, 476 N.E.2d 298; Shannon v. Irving Trust Co., 275 N.Y. 95, 103, 9 N.E.2d 792). In addition, the proponent must establish that there are enough important contacts between the parties, the occurrence a......
  • In re Joint Eastern & Southern Dist. Asbestos Lit., Bankruptcy No. 82 B 11656 (BRL)-82 B 11676 (BRL)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 27, 1991
    ...Application of Electronic & Missile Facilities, Inc., 38 Misc.2d 423, 236 N.Y.S.2d 594 (N.Y.Sup.Ct. 1962); Shannon v. Irving Trust Co., 275 N.Y. 95, 105, 9 N.E.2d 792, 795 (1937) (court gave effect to provision in inter vivos trust that local law of New York should determine trustee commiss......
  • Kilberg v. Northeast Airlines, Inc.
    • United States
    • New York Court of Appeals
    • January 12, 1961
    ...part of the Massachusetts law (see Mertz v. Mertz, 271 N.Y. 466, 471, 3 N.E.2d 597, 598, 108 A.L.R. 1120; Shannon v. Irving Trust Co., 275 N.Y. 95, 102, 103, 9 N.E.2d 792, 794). The Massachusetts cases likewise say that Massachusetts will enforce the lex loci delicti in wrongful death suits......
  • Harvey v. Fiduciary Trust Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 18, 1938
    ...and Taxation, 284 Mass. 225, 230, 187 N.E. 596;Hutchison v. Ross, 262 N.Y. 381, 187 N.E. 65, 89 A.L.R. 1007;Shannon v. Irving Trust Co., 275 N.Y. 95, 9 N.E.2d 792; American Law Institute, Restatement, Conflict of Laws, §§ 297, 299; Beale, Conflict of Laws, §§ 118C.40, 294.3, 297.2, 299.1). ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT