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Smith v. Madison Trust Co.

129 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1911-06-09 English

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p. 1146
SMITH v. MADISON TRUST CO.
(Supreme Court, Appellate Division, Second Department.
June 9, 1911.)

Headnote

Action by Alice L. S. Smith against the Madison Trust Company, as substituted trustee, etc., of Sarah W. E. 'Smith, deceased.

No opinion. Submission dismissed, without costs, upon the ground that it involves no real controversy, inasmuch as occupation by the. daughter is tantamount to payment of rent to her, and the trustee’s commissions could be preserved by actual lease to her.