Kaufman v. Federal Nat. Bank. Federal Nat‪.‬

LUMMUS, Justice. These are separate petitions, brought in the land court by different and antagonistic petitioners, for the registration of title to the same land. The land court ordered registration in the name of Lewis P. Kaufman as trustee, upon his petition. The contestant in that petition and the petitioner in the other, the Federal National Bank of Boston, alleged exceptions. On July 28, 1930, one Celia Green, a widow, was the trustee of the Back Bay Real Estate Trust named in a recorded declaration of trust relating, not to the locus, but to other specified real estate and 'any and all lands, leases and mortgages on real estate that may be conveyed or assigned to me as Trustee.' The trust so declared was described by the land court as 'an ordinary real estate operating trust without naming any original beneficiaries, but reserving or creating power in the trustee to issue one hundred shares to shareholders, who would then become beneficiaries.' No shares were ever issued, and no cestui que trust over existed. In truth, Celia Green was the sole owner. Greenwood Lake & Port Jarvis Railroad v. New York & Greenwood Lake Railroad, 134 N. Y. 435, 31 N.E. 874.