In re the Estate of Pollen

Foley, S.:

The various issues raised in this accounting proceeding are disposed of as follows:(1) The decision of the Court of Appeals in Schmidt v. Jewett (195 N. Y. 486) is conclusive as to the distribution of the trust fund under the decree to be made herein. The Court of Appeals specifically held in that decision that the judgment of June 1, 1880, in the action of Colgate v. Schmidt was not a binding adjudication upon the parties in Schmidt v. Jewett. It also held that the fund vested at the termination of the trust in all the lawful descendants of Melinda P. Schmidt living at the death of…