Farmers' Loan & Trust Co. v. Pendleton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Farmers’ Loan and Trust Company, as substituted trustee, etc., from an - order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 27tli day of June, 1906, directing that the action eannot proceed unless revived by the legal representative of the cestui que trust under the will of William S. Pendleton, deceased.
1Opinion of the Court
Scott, J.:
This action is brought by plaintiff as substituted trustee in place of John M. Pendleton, deceased, against the latter’s executrix to obtain an accounting for certain sums for which, as it is claimed, the deceased trustee was properly accountable. The trust of which John M. Pendleton was formerly, and plaintiff now is trustee, was created by the 3d clause of the will of William S. Pendleton, deceased, whereby á sum of money was given to the testator’s executors (of whom John M. Pendleton alone qualified) to invest and hold during the lifetime of George E. Pendleton, paying the…
2Cases cited3 opinions
- Hegewisch v. . SilverNew York Court of Appeals · 1893
- Miller v. . WrightNew York Court of Appeals · 1888
- Farmers' Loan Trust Co. v. . PendletonNew York Court of Appeals · 1904
3Cited by6 opinions
- Clayton v. James B. Clow & SonsDistrict Court, N.D. Illinois · 1962
- In re the Judicial Settlement of the Account of Proceedings of LivingstonAppellate Division of the Supreme Court of the State of New York · 1930
- Russell v. BowersDistrict Court, S.D. New York · 1939
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1943
- In re the Estate of ThomasNew York Surrogate's Court · 1929
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