Mercantile Trust Co. v. Gimbernat
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jules E. Gimbernat, from part of a judgment of the Supreme Court in favor of the defendant Henry M. Black, entered in the office of the clerk of the county of New York on the 25th day of August, 1908, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:
This action is brought to determine conflicting claims to a fund amounting to about $11,000 now held by the plaintiff as trustee under the last will and testament of Jules R. Gimbernat, deceased. By the judgment appealed from the respondent Henry M. Black has been awarded substantially the whole sum by virtue of three certain assignments made by the appellant Jules B. Gimbernat. The elder Gimbernat, father of the appellant, had by his will created a trust fund for the benefit of the appellant, with a provision that the principal should be paid over to him at certain ages, one-fourth…
2Cited by10 opinions
- Provident Life & Trust Co. v. FletcherDistrict Court, S.D. New York · 1916
- In re CanfieldCourt of Appeals for the Second Circuit · 1912
- De Korwin v. First National Bank of ChicagoDistrict Court, N.D. Illinois · 1958
- In re the Estate of BechtoldtNew York Surrogate's Court · 1936
- Stotesbury v. HuberDistrict Court, E.D. New York · 1916
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