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ARMOUR v. ARMOUR

17 Misc.2d 48 (1959)

Ruth Armour et al., Plaintiffs, v. George L. Armour, Individually and as Trustee under Deed of Trust Made by Bernard R. Armour as Settlor, et. al., Defendants.

Supreme Court, Special Term, New York County.

February 25, 1959.

Attorney(s) appearing for the Case

Bleakley, Platt, Gilchrist & Walker for Ruth Armour and another, plaintiffs.

Robinson, Silverman & Pearce for Toby Armour, plaintiff.

Morris Eisenstein for Martha Gordon, defendant.

Simpson, Thacher & Bartlett for George F. Lewis, Jr., and others, defendants.

Goldstein, Judd & Gurfein for George L. Armour, individually and as trustee, defendant.

ARON STEUER, J.

Plaintiffs are remaindermen under a certain deed of trust. Defendants are the trustee and the estate of the settlor. The motion is to dismiss the second cause of action on the ground that there is a decree of the court determining the matter. The second cause of action, in brief, charges that the settlor, with the acquiescence of the trustee, used certain stock (5,000 shares of Aspinook Corporation...

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