Legal Opinion

Farmers' Loan & Trust Co. v. Polk

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

Decided February 5, 1915PublishedCited by 6 opinions

Appeal by the defendants, Maria 0. M. De Florez and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of October, 1914, upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Laughlin, J.:

This is a suit in equity brought by a trustee for the construction of two deeds of trust, and for the judicial settlement of its accounts, and for a decree directing the distribution of the funds still held by it, consisting of personal property, the corpus of the trust fund and of income from both personalty and realty.

Israel Corse was the settlor of both trusts. One relates to personal property and the other to realty. The former was created by an instrument in writing executed by him and the plaintiff on the 1st day of March, 1812, and the latter by a like instrument, in which…

2Cases cited11 opinions

  1. Tillman v. . DavisNew York Court of Appeals · 1884
  2. Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
  3. Graham v. WhitridgeCourt of Appeals of Maryland · 1904
  4. Estate of KirkendallWisconsin Supreme Court · 1877
  5. Gilfether v. SmithCalifornia Supreme Court · 1901

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3Cited by6 opinions

  1. In re the Estate of CarrollNew York Surrogate's Court · 1934
  2. In re the Accounting of National City BankNew York Supreme Court · 1954
  3. Rotenbach v. YoungNew York Supreme Court · 1922
  4. In re MillimanNew York Surrogate's Court · 1916
  5. In re the Estate of MackAppellate Division of the Supreme Court of the State of New York · 1917

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