12 A.D. 278 | N.Y. App. Div. | 1896
The order of the chancellor of New Jersey appointing Mr. Pennington trustee for the infants, Louise Condit Smith and Sallie Barnes Smith, is a conclusive answer to this action. By this order the chancellor adjudged that a trust for these infants was created by the will of their mother, Sallie L. D. B. Smith, and that Mr. Pennington should execute that trust in the room and stead Of the
- ,'The -'plaintiff, as guardian- -of these children, has no right, as against the trustee,, either to the "principal or income- of these securities. What part of. the income she should receive from the trustee for the iSMap.ort and. maintenance ¡of .the children is something with which, wd ‘have nothing to do. . Mr. Pennington’s attorneys, in their letter-to the, 23laintifi’s counsel of April 1, 1896, very -properly-offered,, on Mr. "Pennington’s behalf, to submit that-question,to the chancellor qf Hew Jersey. But the offer was rejected, substantially for the . reasons now assigned for ■ the- reversal of the judgment below.¡ -" ' ; • ' ■ ‘ .....
It is claimed that the complaint should not, in any aé23ect of the cáse, have-been dismissed, and that the qdaintiff is entitled, at least, to know where -her‘ward’s property is, and w-liat is its- condition. The difficulty with this position i's that she is not entitled to know these things from the defendant - corporation.. She may ultimately be entitled to’ know them from the trustee; If at any time, she is denied-information by the- trustée, which it is his duty to furnish, or if "he misconducts himself in any manner with regard to his-trust,, she can file her bill against- him for an account, or fqr any appellate, reheff. in the Court of Chancery of Hew Jersey, The object of her present suit- is to -obtai-p a judgment,.first, that the "trustee has no interest in either the securities Or the income in the hands of the
The judgment was in all respects right arid should be affirmed, with costs to each of the respondents.
• Van Bbunt, P. J., Rumsey, Williams arid Patterson, JT., concurred. •
Judgment affirmed, with costs to each of the respondents.