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BOLTEN v. WEMETT

3 A.D.2d 708 (1957)

Charlotte C. L. Bolten, Appellant, v. Elizabeth C. Wemett, Individually and as Executrix of Ellis Lord, Deceased, et al., Respondents

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

February 26, 1957

We deem this action to replevin personal property, the corpus of an inter vivos trust, prior to an accounting, to be premature, because of the right of the trustee or his legal representative to have an adjudication that the trust has terminated and to have his accounts judicially settled and to be discharged before relinquishing control of the trust property (Matter of Jones, 306 N.Y. 197, 205; Neary v. City Bank Farmers Trust...

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