In re the Accounting of The New York Trust Co.

In this proceeding to settle its accounts as trustee, the New York Trust Company filed a claim for legal services which it incurred in a successful defense of an action brought against it individually by income beneficiaries. The Surrogate refused to allow that claim.

The trust company thereupon appealed to the Appellate Division from so much of the decree of the Surrogate’s Court as sustained the objections to the payment of the claim of the trustee. The Appellate Division reversed on the facts and law by an order which reads in part as follows: ORDERED and ADJUDGED that the decree so far as…