COUNTY TRUST CO. v. DARLING


14 Misc.2d 57 (1958)

County Trust Company, as Substituted Trustee under the Will of John F. Gray, Deceased, Plaintiff, v. H. Maurice Darling, as Administrator of The Estate of Elizabeth H. Gray, Deceased, et al., Defendants.

Supreme Court, Westchester County.

May 15, 1958.


Attorney(s) appearing for the Case

Meighan & Necarsulmer for plaintiff.

H. Maurice Darling, defendant in person, and for other defendants.


ELBERT T. GALLAGHER, J.

This is a motion for judgment on the pleadings or summary judgment in an action for the settlement of the final account of the plaintiff as substituted trustee under a testamentary trust, a construction of the trust and directions as to the distribution of the remainder. The proper motion is one under rule 112 of the Rules of Civil Practice and,

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