MTR. OF DECLARATION OF TRUST, MADE BY KNOLLWOOD REAL ESTATE CO.


17 Misc.2d 159 (1958)

In the Matter of the Declaration of Trust, Made by Knollwood Real Estate Company.

Supreme Court, Westchester County.

October 27, 1958.


Attorney(s) appearing for the Case

Stanley Law Sabel for Marion R. Newell and another, as executors of Florence G. Law, deceased, petitioners.

Kelley, Drye, Newhall & Maginnes for Fred McKenna and another, as trustees under said declaration of trust, respondents.


ROBERT DOSCHER, J.

This special proceeding brought pursuant to article 79 of the Civil Practice Act seeks the removal of the trustees of an express trust. The trustees have appeared and moved to dismiss the petition as insufficient to warrant the relief sought.

Knollwood Real Estate Company (hereafter called the "Company") was the owner of certain real property in Tarry-town, New York. Its real property...

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