81 N.Y.S. 977 | N.Y. Sup. Ct. | 1903
This action is submitted upon an agreed statement of facts, and upon certain proofs offered by each party, as to which the other party waives actual evidence, but objects for irrelevancy and incompetency. The action is for the recovery of the sum of $2,500 with interest from June 5, 1898. The-following are the admitted facts: that on June 15, 1898, Frederick C. Train was the duly constituted and acting trustee under a deed of trust from Virginia W. Blanchard, and as such trustee-was seized and possessed of a large amount of real and personal property belonging to said trust estate; that the defendant was-the wife of said Frederick C. Train; that on June 15, 1898, the-said Frederick C. Train, as such trustee, drew his check upon, the Mercantile National Bank of the city of Hew York to the-order of the defendant Mary B. Train for $2,500 against the-funds of the trust estate deposited in said bank; that the defendant thereupon indorsed said check in blank; that said check was afterwards indorsed by said Frederick C. Train in his individual name and was collected by him from the bank on which it'was drawn through the banking-house of Charles Frazier & Co., where said Frederick C. Train kept his personal account, and the proceeds credited to his said personal account; that said Frederick C. Train died on March 3, 1902, being then trustee of said trust for Virginia W. Blanchard, and thereafter on March 25, 1902, the plaintiff E. Morgan Griffen was duly appointed trustee of said trust in the place and stead of said Frederick C. Train and thereupon became seized and possessed, as such trustee, of all
The complaint must be dismissed, and since both parties deem the case a proper one for an allowance the defendant may have an extra allowance of $125.
Complaint dismissed.