Grace v. Corn Exchange Bank Trust Co.

David Fox of Suffern, Rockland county, N. Y., died in 1925 leaving a will naming his brother, George S. Fox, executor and trustee and providing that, in the event of his brother’s death or disqualification, the successor trustee should be one Chessman Kittredge.

The will was duly admitted to probate and George S. Fox qualified as executor. Mr. Fox carried out the provisions of his brother’s will, accounted, set up the trust as directed, and acted as trustee until his mental faculties became impaired in the spring of 1930, when, by decree of the Surrogate’s Court of Rockland county, made *524June…