Dunas v. Metropolitan Trust Co.

This is a proceeding to liquidate and distribute the assets of a trust established in 1932 for the benefit of the creditors of Jacob Lanski. In 1962, the court ordered the sale of the trust res and distribution of the proceeds. Defendant creditors, Morris J. Silver and Amelia A. Silver, appeal from the order of distribution because it denies them a priority given to them by the trust agreement.

The record consists of the pleadings, the creditors’ agreement, and a declaration of trust. The sole question is whether the court was correct in disregarding the plan of distribution established by the…