Childs v. Childs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eversley Childs, individually and as sole trustee, etc., 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 7th day of February, 1912, denying the defendant’s motion for . judgment on the pleadings.
1Opinion of the Court
McLaughlin, J. :
Action to construe a will, to compel a retransfer to a trust estate of certain property alleged to have been wrongfully disposed of, to compel the trustee to account and to have him removed and another person appointed in his place.
After the service of a reply to new matter set up in the answer a motion was made by the defendant for judgment on the pleadings. The motion was denied and the appeal is from that order.
The reply admits that since the commencement of the action the trust created by the will of the testator has terminated and that the trustees have settled and by…
2Cases cited8 opinions
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Joseph v. . HerzigNew York Court of Appeals · 1910
- In Re the Accounting of SchnabelNew York Court of Appeals · 1911
- In re the Judicial Settlement of the Account of DouglasAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by3 opinions
- In re the Accounting of BandlerNew York Surrogate's Court · 1944
- Starbuck v. SmithAppellate Division of the Supreme Court of the State of New York · 1916
- Cook v. BroughtonAppellate Division of the Supreme Court of the State of New York · 1918