BENTINCK v. GUARANTY TRUST CO. OF NEW YORK


109 F.Supp. 827 (1952)

BENTINCK v. GUARANTY TRUST CO. OF NEW YORK et al.

United States District Court S. D. New York.

December 31, 1952.


Attorney(s) appearing for the Case

Josephs, Cooke & Armstrong, New York City, for plaintiffs.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant Guaranty Trust Co. of New York.

Casper & Nehrbas, New York City, for Quigley.


WEINFELD, District Judge.

The allegedly unauthorized payment of a portion of the principal of the trust was made in 1929; the allegedly unauthorized income payments from December 1927 to August 1939. Plaintiffs contend that David Crutchfield, an individual co-trustee, resigned on September 23, 1927; the defendants, that he resigned on October 20, 1936.

If, in fact, Crutchfield remained in office until 1936 as co-trustee with the Guaranty Trust Company of New...

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