Brooklyn Trust Co. v. Phillips — 201 N.Y. 561

Majority

p. 561

Brooklyn Trust Company, as Trustee to Execute a Trust Created by the Will of Daniel Marley, Deceased, Respondent, v. Octavius T. Phillips, as Administrator of Edward M. Phillips, Deceased, and of Daniel M. Phillips, Deceased, Appellant, and Sarah A. Rhodes et al., Respondents.

Headnote

Brooklyn Trust Co. v. Phillips, 134 App. Div. 697 , affirmed.

(Argued February 15, 1911;

decided March 3, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1909, reversing a judgment in favor of defendant appellant entered upon a decision of the court on trial at Special Term and granting a new trial in an action for the judicial settlement of the accounts of the plaintiff trustee.

William M. Benedict for appellant.

Duane P. Cobb and Granville I. Burr for respondents.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Gray, Yann, Werner, Hiscooic and Collin, JJ. Not sitting: Cullen, Oh.