Powers v. Powers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant William Powers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 31st day of July, 1919, in so far as said judgment appoints a successor or substituted trustee in the place and stead of the plaintiff, and directs the payment and delivery to such substituted trustee of the moneys and properties of the trust estate.
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Appeal by the defendant William Powers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 31st day of July, 1919, in so far as said judgment appoints a successor or substituted trustee in the place and stead of the plaintiff, and directs the payment and delivery to such substituted trustee of the moneys and properties of the trust estate. The judgment was entered upon the decision of the court after a trial at the Kings County Special Term.
1Opinion of the Court
Kelly, J.:
The only question involved in this appeal by one of the defendants is the selection of the individual substituted or successor trustee named in the judgment to execute a trust created by the will and codicil of George A. Powers, deceased, proved before the Surrogate’s Court of Kings county in the year 1900. By that will and codicil the testator constituted several separate trusts, one of which, involved in the present action, was for the benefit of his son, the defendant William Powers, and his descendants. The plaintiff, himself a successor or substituted trustee named in the will,…
2Cases cited4 opinions
- Quackenboss v. . SouthwickNew York Court of Appeals · 1869
- Milbank v. CraneNew York Supreme Court · 1863
- In re MorganNew York Supreme Court · 1872
- In re LaingAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- In re the Estate of EggswareNew York Surrogate's Court · 1924
- In re the Estate of SpruceNew York Surrogate's Court · 1947
- In re GuntherAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of AstorNew York Surrogate's Court · 1956