PRESTON v. UNITED STATES TRUST COMPANY OF NEW YORK

Nos. 67 Civ. 1073, 67 Civ. 2020.

273 F.Supp. 329 (1967)

William P. T. PRESTON, Jr., Plaintiff, v. UNITED STATES TRUST COMPANY OF NEW YORK, Willard S. Simpkins and Roland L. Redmond, as Trustees under two Deeds of Trust made by William P. T. Preston, Sr., on February 24, 1931 and December 11, 1942, respectively, Elizabeth Preston Hutchings and Doris Preston, Defendants.

United States District Court S. D. New York.

September 27, 1967.


Attorney(s) appearing for the Case

Baker, Nelson, Williams & Mitchell, New York City, for plaintiff, Harold d'O. Baker, C. Dickerman Williams, Helene E. Schwartz, New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for defendants, Trustees, E. Sheldon Stewart, Stanley F. Reed, Jr., Louis L. Stanton, Jr., New York City, of counsel.

Medina & Miller, New York City, for defendants Elizabeth Preston Hutchings and Doris Preston, Standish F. Medina, New York City, of counsel.


OPINION

BONSAL, District Judge.

William P. T. Preston, Sr. (the Grantor) who died in 1961, married Fanny, and they have two surviving children, Phyllis (whom plaintiff's attorney seeks to have added as party plaintiff) and the plaintiff, William, Jr. In 1930 the Grantor and Fanny separated, and in May, 1931 they were divorced. The Grantor later married the defendant Doris and they have one surviving child, the defendant Elizabeth. The remaining defendants...

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