General
Jessica L. Hawthorne and Frederick R. Crane, as Agents of the Court to Execute the Unexecuted Trust Created by Indenture Bearing Date December 22, 1921, between Grace H. Smith and Ormond G. Smith, Appellants, v. George C. Smith, Jr., and John S. Rogers, as Executors, etc., of Ormond G. Smith, Deceased, Street & Smith Publications, Inc., Overland Service Co., Ltd., and Delaware Service Company, Respondents
248 A.D. 612·New York Supreme Court, Appellate Division·1936·NY
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Opinion
Jessica L. Hawthorne and Frederick R. Crane, as Agents of the Court to Execute the Unexecuted Trust Created by Indenture Bearing Date December 22, 1921, between Grace H. Smith and Ormond G. Smith, Appellants, v. George C. Smith, Jr., and John S. Rogers, as Executors, etc., of Ormond G. Smith, Deceased, Street & Smith Publications, Inc., Overland Service Co., Ltd., and Delaware Service Company, Respondents.
[MAJORITY]
Judgment dismissing the complaint on the merits in an action for an accounting brought by plaintiffs, as agents of the court, to execute an unexecuted trust created by a trust indenture unanimously affirmed, with costs. No opinion. Present — Lazansky,'P. J., Hagarty, Carswell, Davis and Johnston, JJ. [159 Misc. 709.]