George L. Armour, as Trustee under a Deed of Trust Made by Bernard R. Armour for the Benefit of Geraldine R. Theil and Others, Respondent,
v.
Joseph Broadman, as Ancillary Executor of Geraldine R. Theil, Deceased, et al., Respondents, and A. Chauncey Newlin, as General Guardian of Toby Armour, an Infant, et al., Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 2, 1954.
March 2, 1954.
Attorney(s) appearing for the Case
A. Chauncey Newlin of counsel (Asbury Hayne de Yampert and Harold A. Wescott with him on the brief; White & Case, attorneys), for A. Chauncey Newlin, as general guardian of Toby Armour, appellant.
William F. Bleakley of counsel (J. Robert Bleakley and Charles L. Brieant, Jr., with him on the brief; Bleakley, Platt, Gilchrist & Walker, attorneys), for William F. Bleakley, as general guardian of Ruth Armour, an infant, and another, appellants.
James J. Crisona, as guardian ad litem for Ruth Armour and another, infants, respondents.
Herman B. Goodstein, as guardian ad litem for Rachel Armour, an infant, respondent.
Stephen P. Duggan, Jr., of counsel (Simpson, Thacher & Bartlett, with him on the brief; Lewis & MacDonald, attorneys), for George F. Lewis, Jr., and others, as executors of Bernard R. Armour, deceased, respondents.
Murray I. Gurfein of counsel (Christopher J. Taylor and James F. Cahill with him on the brief; Judd & Gurfein, attorneys), for George L. Armour, as trustee, respondent.
PECK, P. J., DORE and BREITEL, JJ., concur with BASTOW, J.; COHN, J., dissents and votes to reverse in opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
BASTOW, J.
This action was brought in the Supreme Court by the trustee of an inter vivos trust for the settlement of his accounts. Application was made for permission to settle and compromise certain issues presented by the pleadings. The application was based upon a compromise agreement made between the plaintiff trustee and the special guardians for the infant beneficiaries, who were over fourteen years...
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