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MATTER OF BANK OF NEW YORK

305 N.Y. 809 (1953)

In the Matter of Bank of New York (Formerly Bank of New York and Trust Company), as Trustee under an Agreement Wherein Edwin L. Coyle and Another Are Named as Settlors. Peter B. Nelson et al., Plaintiffs, v. Bank of New York, as Trustee under an Agreement with Edwin L. Coyle and Another, as Settlors, et al., Defendants. Bank of New York, as Trustee, et al., Appellants; Peter B. Nelson et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1953

Attorney(s) appearing for the Case

George W. Martin, Richard S. Emmet, John L. Merrill, Jr., and Richard C. Welden for Bank of New York, as trustee, appellant.

William Mertens, Jr., as guardian ad litem for infants, appellants.

Borris M. Komar for Peter B. Nelson and others, respondents.

Theodore R. Kupferman, Stanleigh P. Friedman and Philip L. Winter for Edwin L. Coyle and another, respondents.

Archibald H. Cashion and Forbes D. Shaw for Commonwealth Gas Corporation, respondent.

Myles J. Lane, United States Attorney for the Southern District of New York (Henry L. Glenn of counsel), for United States of America, respondent.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.

Judgment affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the principal of the trust...

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