United States Trust Co. v. Wenzell

Hammer, J,

Motion is made by defendant Ambrose Day for judgment determining bis ultimate rights as between him and the codefendants under section 264 of the Civil Practice Act, and under rule 112 of the Rules of Civil Practice. This motion is directed to plaintiff and defendants Thompson and Wenzell individually.

Plaintiff’s action here is for an accounting. Plaintiff was duly appointed trustee under a deed of trust by Zillah Robinson, dated *1000March 27,1894. The trust indenture required the trustee to collect the interest, income and dividends so delivered to it and to pay over the same to Zillah…