MTR. OF GUSTAVUS LUTHERAN CHURCH


26 Misc.2d 644 (1960)

In the Matter of Gustavus Adolphus Evangelical Lutheran Church.

Supreme Court, Special Term, New York County.

May 12, 1960


Attorney(s) appearing for the Case

Emmet, Marvin & Martin for Bank of New York, as trustee, petitioner. Wilford L. Wilson for Gustavus Adolphus Evangelical Lutheran Church, respondent. Louis J. Lefkowitz, Attorney-General, for the People of the State of New York.


WILLIAM C. HECHT, JR., J.

Petitioner trust bank seeks an order (1) directing petitioner to pay to the Gustavus Adolphus Evangelical Lutheran Church out of the principal of the trust the sum of $115,311 if the court determines that this is permissible under the trust indenture; (2) judicially settling and allowing the account filed herein.

The creator of the trust is a religious corporation, organized...

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