CITY BANK FARMERS TRUST CO. v. CHEEK


202 Misc. 303 (1952)

City Bank Farmers Trust Company, as Successor Trustee under Agreement Made by Leon T. Cheek, et al., Plaintiffs, v. Leon T. Cheek et al., Defendants.

Supreme Court, Special Term, New York County.

February 8, 1952.


Attorney(s) appearing for the Case

Richard J. Turk, Jr., and Stephen C. Huestis for plaintiffs.

John W. Donahoo, Martin J. Coughlin and Leon T. Cheek, in person, for Leon T. Cheek, defendant.

Jacob Florea, guardian ad litem for Frances S. Cheek and others, infants, defendants.


AURELIO, J.

The action is brought by the present and former trustees under an agreement of trust to judicially settle their accounts for the periods during which they respectively acted as trustees and, incidental thereto, for instructions with regard to whether the settlor has the right to amend and revoke the trust.

On January 4, 1929, Leon T. Cheek, hereinafter referred to as the "settlor", established...

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