Empire Trust Co v. Welch

Headnote

Real property — title — decedent’s estate — action in equity to determine rights and liabilities relative to real property.

Empire Trust Co. v. Welch, 206 App. Div. 673 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 12,1923, unanimously affirming a judgment entered upon the report of a referee in an action brought by Empire Trust Company, acting as successor trustee under the will of Harriet F. Van Zandt, deceased, against appellants,' as owners and holders of two bonds and mortgages, originally made to the Park Mortgage Company by Daniel E. Seybel, as trustee for Harriet F. Van Zandt, under authority given to him by a trust agreement made by and between the said Harriet F. Van Zandt and the said Daniel E. Seybel and dated June 16, 1899; and also against the owners

and holders of three other mortgages made by the said Harriet F. Van Zandt, the said Park Mortgage Company, the executors of the said Seybel, the Empire Trust Company acting as successor to said Seybel as trustee under said trust agreement, and James B. Ludlow and Annie Ludlow Winters, co-owners with said Harriet F. Van Zandt of undivided parts of most of the land affected by said trust agreement. The object of the action was to determine rights and liabilities of the ^respective defendants to certain real property, claimed by the plaintiff, as trustee under the will of Mrs. Van Zandt.