DIAMOND v. BANKERS TRUST CO.


16 Misc.2d 742 (1959)

Irving Diamond, Plaintiff, v. Bankers Trust Company et al., as Successor and Surviving Trustees of Sidney R. Kent, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

January 19, 1959.


Attorney(s) appearing for the Case

Irving E. Field for plaintiff.

Royall, Koegel, Harris & Caskey (Frederick W. R. Pride, Charles V. Parsell and S. Gilmer Towell of counsel), for Bankers Trust Company and another, defendants.

A. Edward Masters for Peggy A. K. Van Werth, defendant.


ARON STEUER, J.

Both sides have moved for judgment. It is conceded that there is no issue of fact. The corporate defendant is the trustee and the individual defendant the beneficiary of a trust created under a will. By the terms of this trust on June 22, 1959 the beneficiary is to receive one eighteenth of the principal if she is then living. The beneficiary heretofore has made an assignment to the plaintiff of $2,000 from the payment of principal to...

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