In re the Accounting of the Farmers' Loan & Trust Co.

Majority

p. 691

In the Matter of the Accounting of The Farmers’ Loan and Trust Company, as Temporary Administrator of the Estate of Caroline A. Brundage, Deceased, and of Nathan A. Seagle et al., as Executors of and Trustees under the Will of Said Deceased, Respondents. William H. Young et al., Appellants.

Headnote

Matter of Farmers Loan & Trust Co., 186 App. Div. 722 , modified.

(Argued May 21, 1919;

decided June 3, 1919.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1919, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the temporary administrator, executors and trustees of Caroline A. Brundage, deceased, and construing the will of said deceased.

John J. Crawford and David B. Simpson for appellants.

Frederick Geller and C. Alexander Capron for respondents. .

It is unnecessary at this time to decide whether the practical operation of the general plan of distribution of the remainder of the trusts created by the seventh clause of the will which was adopted by the surrogate may unlawfully suspend the power of alienation. Contingencies that may never arise need not now be considered. The order and decree should be modified by striking out the general directions in relation to the future disposition of such trust funds upon the death of the life beneficiaries other than Mary E. Taylor, deceased, and, as so modified affirmed, with one bill of costs to each set of parties appearing on the argument herein by separate counsel, payable out of the estate.

His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ., concur.

Ordered accordingly.