County Trust Co. v. Darling

This is a motion for judgment on the pleadings or summary judgment in an action for the settlement of the final account of the plaintiff as substituted trustee under a testamentary trust, a construction of the trust and directions as to the distribution of the remainder. The proper motion is one under rule 112 of the Buies of Civil Practice and, *59therefore, new matter set forth in the affidavits will not be considered.

The pleadings present no issue of fact. However, by means of counterclaims, defendants demand that the remainder of the trust be distributed in accordance with the construction…