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Caruthers v. Title Guarantee & Trust Co.

269 A.D. 998 Court N.Y. App. Div. Decision date 1945-11-26 English

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p. 998
(November 26, 1945.)
Mary M. Caruthers et al., Respondents, v. Title Guarantee and Trust Company, as Trustee under Deed of Trust dated June 29, 1918, between Julia W. Bradley and Title Guarantee and Trust Company, et al., Appellants; Title Guarantee and Trust Company, as Trustee under the Will of Julia W. Bradley, Deceased, et al., Respondents, et al., Defendants. Mary M. Caruthers et al., Respondents, v. Title Guarantee and Trust Company, as Trustee under Deed of Trust dated December 31, 1928, between Julia W. Bradley and Title Guarantee and Trust Company, et al., Appellants; Title Guarantee and Trust Company, as Trustee under the Will of Julia W. Bradley, Deceased, et al., Respondents, et al., Defendants.

Two separate actions were instituted for an accounting and for interpretation of two trust indentures executed by Julia W. Bradley. After a joinder of issue plaintiffs moved for judgment under section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice. Defendants made cross motions for judgment. Plaintiffs’ motions were granted and defendants’ motions were denied, and from the judgments entered thereon certain defendants appeal. Interlocutory judgments, insofar as appealed from, unanimously affirmed, with one bill of $20 costs and disbursements to each party filing a brief, payable out .of the trust funds. No opinion. Present — Close, P. J., Hagarty, Carswell, Johnston and Lewis, JJ. [See 270 App. Div. 764 , 765.]