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MATTER OF PEABODY

30 A.D.2d 517 (1968)

In the Matter of the Accounting of George Peabody et al., as Successor Trustees under an Indenture Made Between Emu Associates, Inc., as Grantor, and The New York Trust Company et al., as Trustees. Joseph H. Peabody, Appellant; Manufacturers Hanover Trust Company, as Sole Trustee under Indenture of Trust, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 14, 1968

Order entered December 30, 1966, insofar as appealed from, unanimously affirmed, with $50 costs and disbursements to all parties filing briefs, payable out of the trust estate.

Special Term determined correctly that appellant, for the purposes of this trust, is not an issue or descendant of George Peabody. Appellant, the natural son of Cornelia Romilly, daughter of the actual grantor of the trust, and the adopted son of George Peabody, son of the grantor, is not entitled...

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