Attorney Gen. v. Rochester Trust Co.

This is a bill in equity to require the defendant trustee to distribute certain excess income to the American Red Cross and the Salvation Army, charitable remaindermen of the residuary trust estate of the late George Furbush. The Trial Court (Flynn, J.) ruled that the petition sought deviation or termination of the trust estate and that the attorney general had no standing to seek such relief. Plaintiff’s exception to this ruling was reserved and transferred by the trial court.

George P. Furbush died on April 10, 1956, and by his will left the residue of his estate in trust to the Rochester…