Ludington v. Mercantile National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Benjamin L. Ludington and another, as substituted trustees under the last will and testament of Robert Barkley, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 27th day of April, 1904, upon the decision of the court, rendered after a trial at the Westchester Special Term, sustaining the defendants’ demurrers to the plaintiffs’ complaint, and dismissing…
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Appeal by the plaintiffs, Benjamin L. Ludington and another, as substituted trustees under the last will and testament of Robert Barkley, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 27th day of April, 1904, upon the decision of the court, rendered after a trial at the Westchester Special Term, sustaining the defendants’ demurrers to the plaintiffs’ complaint, and dismissing the said complaint. The complaint is as follows: “First. Upon information and belief that in the year 1871, at the City…
1Opinion of the Court
Willard Bartlett, J.:
The plaintiffs in this action, as substituted trustees under the will of Robert Barkley, deceased, seek to recover 200 shares of the capital stock of the National Broadway Bank, transferred by them to the Mercantile National Bank, in violation of the terms of the will and of the orders of the Supreme Court under which they were appointed to succeed the original trustees. These orders provided that the substituted trustees should have no power or authority to bargain, sell, alienate or in any manner dispose of any part of the principal of the real or personal property of…
2Cases cited2 opinions
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Suarez v. de MontignyAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Oil & Gas Ventures-First 1958 Fund, Ltd. v. KungDistrict Court, S.D. New York · 1966
- Vohmann v. . MichelNew York Court of Appeals · 1906
- Kortenhof v. MessickAppellate Court of Illinois · 1974
- Vohmann v. MichelAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Accounting of TodNew York Surrogate's Court · 1914