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PRESTON v. UNITED STATES TRUST COMPANY OF NEW YORK

Nos. 364, 365, Dockets 31813, 31814.

394 F.2d 456 (1968)

William P. T. PRESTON, Jr., Plaintiff-Appellant, 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-Appellees.

United States Court of Appeals Second Circuit.

Decided April 29, 1968.

As Amended on Rehearing July 24, 1968.

Attorney(s) appearing for the Case

C. Dickerman Williams, New York City (Harold d'O. Baker, Helene E. Schwartz, and Baker, Nelson, Williams & Mitchell, New York City, on the brief), for plaintiff-appellant.

Louis L. Stanton, Jr., New York City (E. Sheldon Stewart, Stanley F. Reed, Jr., and Carter, Ledyard & Milburn, New York City, on the brief), for defendants-appellees, trustees.

Standish F. Medina, New York City (Medina & Miller, New York City, on the brief), for defendants-appellees, Elizabeth Preston Hutchings and Doris Preston.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge and BLUMENFELD, District Judge

BLUMENFELD, District Judge:

The plaintiffs in this diversity suit for imposition of a constructive trust upon assets originally part of a trust established in 1931, now held by defendant-trustees under a 1942 trust agreement claimed in a first count, and for reformation of that 1942 trust deed against certain beneficiaries thereof claimed in a second count, appeal from a judgment of the United States District Court for the Southern District of New York, Bonsal, J...

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