New York Life Insurance & Trust Co. v. Phelps

On April 10, 1883, Thomas Morrell died in New York county, leaving a will and four codicils which were thereafter probated in said county. He appointed three executors who, since they qualified, have either died or resigned, and, on May 10, 1910, the plaintiff was substituted as trustee of the unexpired trusts created by the decedent in his third codicil for the benefit of his children of whom Julia Blanche Peck was one. She died on September 8, 1918, leaving her surviving two children, a daughter Louise Gordon Phelps, a son Howard M. Peck and three grandchildren, Dudley F. Phelps, Jr., aged…