Colson v. Pelgram

The Supreme Court of this State, as successor to the Courts of Chancery, has inherent jurisdiction over testamentary trusts. Where, however, as here, there is a surviving trustee, the trust itself is not vested in the Supreme Court. There has been a growing disposition on the part of the Supreme Court not to in any manner interfere with Surrogates’ Courts where such court has taken actual jurisdiction and has ample power to dispose of a matter involved in a decedent’s estate. (Matter of Smith, 120 App. Div. 199; Lawrence v. Littlefield, 215 N. Y. 561; Evans v. Appell, 211 App. Div. 105;…