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MORGAN v. KEYES

198 Misc. 984 (1950)

Junius S. Morgan et al., as Trustees, and Leonhard A. Keyes et al., as Surviving Executors of Herbert L. Satterlee, Deceased Trustee, under a Declaration of Trust Made by J. Pierpont Morgan, Deceased, for the Benefit of Louisa P. Satterlee, Deceased, Plaintiffs, v. Leonhard A. Keyes, as Surviving Executor of Louisa P. Satterlee, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

June 21, 1950.

Attorney(s) appearing for the Case

Lawrence D. Kieran for plaintiffs.

J. Fearon Brown and James H. Nichols for Leonhard A. Keyes, as executor and trustee under the will of Louisa P. Satterlee, deceased, defendant.

Robert Thrun and Martin D. Jacobs for Mabel S. Ingalls, defendant.

Sol A. Rosenblatt and Charles Roden for Eleanor M. Satterlee, defendant.

John F. Keating, guardian ad litem of Sandra S. Ingalls, defendant.

BENVENGA, J.

This is an action for a judgment settling the final accounts of the plaintiffs as trustees under a declaration of trust made by J. Pierpont Morgan. No issue is raised as respects the accounts themselves. The only question presented involves the disposition of the trust fund. The problem requires a judicial construction of (1) the trust instrument; (2) the...

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