Taylor v. Parkview Memorial Assn.

I cannot concur in my Brother Reid’s proposal that we base decision in this case on the proposition stated in Bowdish v. Page, 153 N. Y. 104 (47 N. E. 44), that one occupying a position of trust should not be permitted to — “impair or destroy tbe vested beneficial interests of bis. cestuis. que irustent, upon tbe theory that, in bis efforts in behalf of tbe trust estate, be bad made an election of an inconsistent remedy.”

Furthermore, that ease is distinguishable on its facts.

Consideration of the pleadings and the testimony in the matter before us requires concurrence with the trial judge’s…