HARTSHORNE v. IRVING TRUST CO.


280 A.D. 770 (1952)

Barbara H. Hartshorne, Respondent, v. Irving Trust Company, Appellant

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

June 17, 1952.


The complaint alleges no breach of duty on the part of the defendant or obligation under the trust agreement to pay the income of the trust to the plaintiff, nor is there any ambiguity in the trust instrument requiring construction. The complaint is therefore insufficient.

Order reversed, without costs, and the motion to dismiss the complaint...

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