In re the Judicial Settlement of the Accounts of the Marine Trust Co.

Majority

p. 809

In the Matter of the Judicial Settlement of the Accounts of The Marine Trust Company of Buffalo, as Trustee of the Trust Created under Trust Agreement Dated November 9, 1927, as Amended December 1, 1927, by George B. Wiley.

Order affirmed, without costs. Memorandum: We find that the appellant has not been guilty of laches. (Bedfield v. Critchley, 277 N. Y. 336 .) We place our affirmance on the authority of City Bank Farmers Trust Co. v. Charity Organization Society of City of N. Y. ( 238 App. Div. 720 ; affd., 264 N. Y. 441 ). All concur, except Harris, J., who dissents and votes for reversal and granting motion on the ground that the trust agreement is susceptible of the construction that it is of testamentary character. (The order denies motion to vacate a previous order and open a default.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.

Cases cited

Redfield v. Critchley 277 N. Y. 336 N.Y. 1938-03-15 p. 809
City Bank Farmers Trust Co. v. Charity Organization Society 264 N. Y. 441 N.Y. 1934-02-27 p. 809