MATTER OF ARNOLD


17 Misc.2d 842 (1959)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Substituted Trustee under Agreement of Trust between Violet Arnold and J. Victor Di Zerega and Stuart P. West.

Supreme Court, Special Term, New York County.

June 24, 1959.


Attorney(s) appearing for the Case

Leone Pecoraro for petitioner.

Choate, Mitchell, Bayes & Baker for Bank of Nutley, respondent.

Emanuel Schwartz for Isabelle T. Witkind.

Harold L. Lipton, as guardian ad litem.

Hallett, Bardusch & Scheminger for Louisa H. Barnard and others.


EDGAR J. NATHAN, JR., J.

This is a proceeding for the settlement of the account of a substituted trustee. The trust having terminated, the court is called upon to construe the trust instrument and to determine who is entitled to the distribution of the remaining trust principal.

By this agreement, dated January 24, 1924, the settlor, Violet Arnold, established a trust, directing that the income be distributed to her for life. Upon her death, the...

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