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GIMBEL v. HARRIMAN NAT. BANK & TRUST CO.

11 F.Supp. 836 (1935)

GIMBEL et al. v. HARRIMAN NAT. BANK & TRUST CO. OF CITY OF NEW YORK et al.

District Court, S. D. New York.

September 13, 1935.

Attorney(s) appearing for the Case

Blandy, Mooney & Shipman, of New York City (William W. Shaw and Thomas F. Morris, both of New York City, of counsel), for plaintiffs.

Conboy, Hewitt, O'Brien & Boardman, of New York City (John Vance Hewitt and Hobart L. Brinsmade, both of New York City, of counsel), for defendants.

WILKERSON, District Judge.

Plaintiffs are the surviving trustees under the will of Louis S. Gimbel. The will authorized the trustees to name a trust company, either as custodian of the assets, or as sole trustee, or cotrustee. Acts of the trustees, to be binding, must be concurred in by a majority of them.

The trustees deposited with the Harriman Bank, as custodian for safekeeping, certain securities held by them for the trusts created by the will. The bank...

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