Bolten v. Wemett

We deem this action to replevin personal property, the corpus of an inter vivos trust, prior to an accounting, to 'be premature, because of the right of the trustee or his legal representative to have an adjudication that the trust has terminated and to have his accounts judicially settled and to be discharged before relinquishing control of the trust property {Matter of Jones, 306 N. Y. 197, 205; Neary v. City Bank Farmers Trust Co., 260 App. Div. 791, 793). Although the respondents did not ask for summary judgment at Special Term, they may nevertheless be entitled to that relief if the…