In re Wentworth

Swartwood, S.

This claim grows out of a proceeding instituted in this court by John W. Wentworth, the beneficiary of an express trust created by the will of Mary Emma Armstrong, deceased. Henry L. Armstrong was the trustee named in the will. The trust was of a one-fourth interest, subject to the life estate of the testatrix’s mother, in a house and lot in the city of New York. In that proceeding the trustee resisted the application of said Wentworth for an accounting, claiming that there was no trust, for the reason that it had been terminated by the consent of Wentworth. A hearing was held…