Leydecker v. Warren

WOOD (Fred B.), J.

In this action, brought by the trustee of an express trust to obtain the court’s instructions with reference to distribution of the corpus, one of the defendants, the executor of the will of the widow of the trustor, denied the execution of the trust and prayed that the trust property be delivered to it as an asset of the widow’s estate. From an adverse judgment the executor has appealed.

The trust property consists of 366 shares of the capital stock of Wellman, Peek and Company, a corporation, evidenced by a stock certificate issued by the corporation certifying that…