Preston v. United States Trust Co. of New York

BLUMENFELD, District Judge:

The plaintiffs in this diversity suit for imposition of a constructive trust upon assets originally part of a trust established in 1931, now held by defendant-trustees under a 1942 trust agreement claimed in a first count, and for reformation of that 1942 trust deed against certain beneficiaries thereof claimed in a second count, appeal from a judgment of the United States District Court for the Southern District of New York, Bonsai, J., dismissing the complaint for failure to state a claim upon which relief can be granted. At the same time, Judge Bonsai also denied…