72 N.Y.S. 121 | N.Y. Sup. Ct. | 1901
On the 20-th day of June, 1882, the mayor, aider-men and commonalty of the city of New York, plaintiff’s predeces
This trust agreement was executed by Mrs. Jordan and the son, Henry J., and subsequently a confirmatory agreement was executed and delivered by the daughters and releases were executed by all the children —■ who were the reversioners under the will ■— to Mrs. Jordan, the executrix, wherein and whereby they waived any judicial accounting by her, and provided that said releases should be regarded as constituting in all respects a full and complete ratification and discharge from her executorship. Outside of this trust fund there is no property of Jordan’s estate. The city now brings suit against the trust company, the widow and executrix, and the three children, beneficiaries under the trust agreement, asking judgment decreeing that it is a creditor of the decedent to the extent of the judgment; that as. such it has a lien upon said trust fund prior to the creation of said trust, and that the
Judgment for plaintiff.