EMPIRE TRUST CO. v. RAYNOLDS


31 Misc.2d 431 (1961)

Empire Trust Company, as Sole Surviving Trustee under the Will of Thomas B. Hidden, Deceased, Plaintiff, v. Charles T. Raynolds, Jr., as Administrator of The Estate of Charles T. Raynolds, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

September 7, 1961


Attorney(s) appearing for the Case

Olin, Murphy & Redmond (George T. Manuel and Gordon S. Murphy of counsel), for plaintiff. Wilberforce Sully, Jr., defendant in person, and for Spencer E. Sully, defendant. Healy, Holmes & Healy for Healy & Holmes, defendants. Barr, Robbins & Palmer for Society for the Relief of Women and Children, defendant. Wood, France & Tully for American Board of Commissioners for Foreign Missions, defendant. Cadwalader, Wickersham & Taft for Home for Old Men and Aged Couples and another, defendants. Nims, Martin, Halliday, Whitman & Bonynge for Charles Popham Hidden, defendant. John C. Howe for Charles T. Raynolds, Jr., as Administrator of the Estate of Charles T. Raynolds, deceased, defendant. Tanner, Friend, Kinnan & Post for Presbyterian Home for Aged Women in the City of New York, defendant. David G. Ashton for American Female Guardian Society and Home for the Friendless, defendant. Carter, Ledyard & Milburn for New York Society for the Relief of the Ruptured and Crippled, defendant. Logan Fulrath for E. Ross Millhiser and others, defendants. Gifford, Woody, Carter & Hays for Society for the Relief of the Destitute Blind in City of New York and its vicinity, defendant.


CHARLES A. LORETO, J.

In this action for a judicial settlement of a trustee's account and for a construction of the will and codicils of the testator, the trustee moves for summary judgment.

The testator died in September, 1918, leaving a will and five codicils which were admitted to probate in January, 1919. By his will and codicils, the testator gave his nephew, Charles Popham Hidden, an outright legacy...

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