Hartshorne v. Irving Trust Co.

Appellate Division of the Supreme Court of New York

Hartshorne v. Irving Trust Co.

280 A.D. 770, 113 N.Y.S.2d 305, 1952 N.Y. App. Div. LEXIS 3656

Appellate Division of the Supreme Court of the State of New York·Decided June 17, 1952·Published

Opinion

— The complaint alleges no breach of duty on the part of the defendant or obligation under the trust agreement to pay the income of the trust to the plaintiff, nor is there any ambiguity in the trust instrument requiring construction. The complaint is therefore insufficient. Order reversed, without costs, and the motion to dismiss the complaint granted. Present — Peck, P. J., Dore, Cohn, Van Yoorhis and Heffernan, JJ.; Dore and Cohn, JJ., dissent and vote to affirm.

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— The complaint alleges no breach of duty on the part of the defendant or obligation under the trust agreement to pay the income of the trust to the plaintiff, nor is there any ambiguity in the trust instrument requiring construction. The complaint is therefore insufficient. Order reversed, without costs, and the motion to dismiss the complaint granted. Present — Peck, P. J., Dore, Cohn, Van Yoorhis and Heffernan, JJ.; Dore and Cohn, JJ., dissent and vote to affirm.

Hartshorne v. Irving Trust Co., 280 A.D. 770, 113 N.Y.S.2d 305, 1952 N.Y. App. Div. LEXIS 3656 (N.Y. Ct. App. 1952).

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