Legal Opinion

Close v. Farmers' Loan & Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 1907PublishedCited by 1 opinion

Appeal by the plaintiff, Eloisé A. Close, from a judgment of the Supreme Court iri favor of the defendants, entered in the office of' -the clerk of. the county of Westchester on the 11th day of August, 1904, upon the report of a referee dismissing the complaint upon the merits. • - • ; The suit is for an accounting against the sureties.for Henry C. Seivafd as substituted trustee under the. sixth clause of the-will of. Anthony J. Allaire, deceased.

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Appeal by the plaintiff, Eloisé A. Close, from a judgment of the Supreme Court iri favor of the defendants, entered in the office of' -the clerk of. the county of Westchester on the 11th day of August, 1904, upon the report of a referee dismissing the complaint upon the merits. • - • ; The suit is for an accounting against the sureties.for Henry C. Seivafd as substituted trustee under the. sixth clause of the-will of. Anthony J. Allaire, deceased. The surviving executor and trustee, appointed by the will, for whom the said trustee wás substituted by the Supreme Court, turned over to the said…

1Opinion of the Court

Gaynor, J.:

It may be that more learning was resorted to below, and in argument at our bar, than is applicable to the case. If a trust was created by the sixth clause of the will, then upon the death of the life beneficiary, Maria Ema Seward, the trustee .was under a- duty to account to her children, viz., this plaintiff and her brother, the defendant Seward. If there was no trust, and instead the said mother was the absolute owner of the said fund when she died, then the duty of the trustee to account is to the executor or administrator of the said mother, and this suit was properly dismissed.

2Cases cited1 opinion

  1. Morse v. . MorseNew York Court of Appeals · 1881

3Cited by1 opinion

  1. Mildeberger v. FranklinNew York Supreme Court · 1911

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