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Conroy v. Equitable Trust Co.

238 N.Y. 587 Court N.Y. Decision date 1924-06-03 English

Contents

Majority

p. 587
Katherine Conroy et al., as Executors of Margaret L. Kingsley, Deceased, Appellants, v. The Equitable Trust Company of New York, Individually and as Trustee, et al., Respondents. The Equitable Trust Company of New York, as Trustee, Respondent, v. Charlotte M. Kingsley et al., Respondents, and Katherine Conroy et al., as Executors of Margaret L. Kingsley, Deceased, Appellants.

Headnote

Trusts and trustees — accounting — title as between estate of life tenant and remainderman to dividends declared after death of life tenant.
Conroy v. Equitable Trust Co. of N. Y., 207 App. Div. 839 , affirmed.
Equitable Trust Co. of N. Y. v. Kingsley, 207 App. Div. 839 , affirmed.
(Argued April 15, 1924;
decided June 3, 1924.)
Appeal, in the first of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 16, 1923, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
Appeal, in the second of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 16, 1923, unanimously affirming a judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term. Said judgments at Special Term approved the account presented by the Equitable Trust Company as successor trustee of Margaret L. Kingsley, deceased, and decree that the trust under which said trust company acted as trustee terminated on March 8, 1916, the date of the death of Margaret L. Kingsley, who was fife tenant; that thereupon her daughter, Charlotte M. Kingsley, remainderman under said trust, became vested with all the property thereof, including 200 shares of the preferred stock of the Pittsburgh Coal Company of New Jersey, and all dividends thereon formally declared after Margaret L. Kingsley’s death, and that these appellants, as executors
p. 588
of her will, were not entitled to any part of said trust estate or to any interest in the dividends from the said stock of the Pittsburgh Coal Company.
John B. Doyle and Harrison Clark for appellants.
Harrison Tweed and Archer P. Cram for Equitable Trust Company of New York, respondent.
John J. Kirby for Charlotte M. Kingsley, respondent.

Judgments in each case affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.