MATTER OF WREN


21 Misc.2d 494 (1959)

In the Matter of Malcolm E. Wren et al., Life Tenants under a Trust Made by Josephine H. Wren.

Supreme Court, Special Term, New York County.

September 17, 1959.


Attorney(s) appearing for the Case

Willkie Farr Gallagher Walton & Fitz Gibbon (Stephen H. Beach of counsel), for petitioners.

Lark & Sullivan for trustee, respondent.

Milton Pollack for infant respondents.


OWEN McGIVERN, J.

This is a proceeding under article 79 of the Civil Practice Act brought by the income beneficiaries of two inter vivos trusts against the Bankers Trust Company, trustee, for an order directing the trustee to allocate and pay over to the petitioners certain stock dividends received by the trustee, and for other relief.

The trust, having been established in 1921, prior to the enactment...

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