Starr v. Selleck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harriet E. Selleck, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the'county of New York on the 26tli day of March, 1910, granting the plaintiffs’ motion for the appointment of a referee to hear and determine the issues, including the taking of accounts.
1Opinion of the Court
McLaughlin, J.:
This action is brought by the executors of a deceased testamentary trustee for an accounting and for direction to pay over the trust property to the Supreme-Court or to a trustee to be appointed by it, or for distribution among the persons entitled thereto.
The answer of the appellant alleges, among other things, that the trust created by the 3d paragraph of the will appointing the testamentary trustee is void for want of a definite, determinable object or beneficiary, and that an instrument executed by her confirming the trust was fraudulently obtained from her by the trustee;…
2Cases cited1 opinion
- Bushby v. BerkeleyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Hewitt v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Durwood v. DubinskySupreme Court of Missouri · 1956