General

Franz J. Emmerich, Appellant, v. City Bank Farmers Trust Company, as Executor and Trustee under the Will of Rudolph F. Emmerich, Deceased, Respondent

275 A.D.2d 833·New York Supreme Court, Appellate Division·1949·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Franz J. Emmerich, Appellant, v. City Bank Farmers Trust Company, as Executor and Trustee under the Will of Rudolph F. Emmerich, Deceased, Respondent. [MAJORITY] We find that the plaintiff had knowledge, more than six years prior to the commencement of this action, of the existence and termination of the trust described in the complaint under which he became the remainderman of his aunt Marie Auguste Emmerich and of the conversion of that portion of the corpus thereof to which this action relates. Present — Peek, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 1026.]