Maynard v. Farmers Loan & Trust Co. — 238 N.Y. 592

Majority

p. 592

Reuben L. Maynard et al., as Trustees, Respondents, v. The Farmers Loan and Trust Company, as Executor of and Trustee under the Will of Blanche A. Thompson, Deceased, et al., Respondents, and Josiah V. Thompson, Appellant.

Headnote

Trust — power of appointment validly executed.

Maynard v. Farmers’ L. & Tr. Co. (Thompson), 208 App. Div. 112 , affirmed.

(Argued May 15, 1924;

decided June 3, 1924.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1924, modifying and affirming as modified a judgment of Special Term settling the accounts of plaintiffs as trustees under a trust agreement executed by Josiah V. Thompson and Blanche A. Thompson,"his wife. The question was whether the said Blanche A. Thompson, through her last will and testament, had properly exercised a power of appointment reserved to her in and by said trust agreement.

Arthur F. Gotthold, William A. Seifert and Walter W. Gross for appellant.

Reuben Leslie Maynard for plaintiffs, respondents.

Frederick Geller, Henry C. Eldert and George N. Whittlesey for Farmers Loan and Trust Company, as executor and trustee, respondent.

Judgment affirmed, with costs to respondents against appellant on ground that power of appointment was validly executed; no opinion.

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