In re the Estate of Lockwood

Foley, S.

This is an application by three beneficiaries under the will of the testatrix to compel the substituted trustee, a trust company, to convey to them the legal title to certain interests in real property held by it. A decree was previously entered judicially settling the account of the corporate trustee. The question involved here was not raised in the contested accounting. The issue is, upon the termination of a trust, of which a participation certificate in a foreclosed mortgage is an asset, whether the beneficiary is entitled to a deed to his undivided share of the realty or whether…