COX v. MILES


276 A.D. 776 (1949)

Charles W. Cox, Individually and as Trustee under a Deed of Trust Made by Kate W. Winthrop, Appellant, et al., Plaintiffs, v. Emily W. Miles et al., Defendants, and Thomas S. Morse et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 21, 1949.


All costs awarded on this appeal are to be payable out of the trust corpus. Findings of fact and conclusions of law inconsistent herewith are reversed. New findings and conclusions will be made. The trust deed grants the power to appoint the principal of the trust absolutely or to trustees designated by the donee of the power.

Settle order on notice...

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