Opinion
Argued May 1, 1979
Decided June 5, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, P. RAYMOND SIRIGNANO, J.
Frederick J. Martin and Raymond M. Planell for appellants.
William J. Greer, Otto C. Jaeger and Emery M. Anderson for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The document executed on January 20, 1969 by decedent, George F. Dembow, evinces at most an intention to make a future donative transfer of the proceeds of unspecified securities to certain grandchildren, then infants under 21 years of age. Neither the bonds nor their proceeds were ever physically delivered to the custodian of the grandchildren's accounts, and therefore, no gift was effected under the Uniform Gift to Minors Act (see EPTL 7-4.1). Having failed as a gift, the transaction may not on this record be upheld as a trust (see Farmers' Loan Trust Co. v Winthrop, 238 N.Y. 477, 487). Moreover, the alleged trust corpus was not adequately designated or identified (see Brown v Spohr, 180 N.Y. 201, 209).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.
Order affirmed.