In the Matter of the Accounting of Guaranty Trust Company of New York, as Substituted Trustee of a Trust Created between Jean Ferris, as Settlor, and Guaranty Executor and Trust Company, Limited, as Trustee, Respondent-Appellant. John W. Harris et al., Appellants; Anthony J. Romagna, as Guardian ad Litem of Chantal L. M. F. D'Espinay, an Infant, et al., Respondents-Appellants; Thomas B. Gilchrist, as Ancillary Executor of Jean F. D'Espinay-Durtal, Deceased, et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 20, 1955.
December 20, 1955.
Attorney(s) appearing for the Case
William T. Griffin of counsel (Francis A. Booth with him on the brief) for John W. Harris, and another, infants, and another, appellants.
George A. Spiegelberg of counsel (Laurence Rosenthal with him on the brief; Strasser, Spiegelberg, Fried & Frank, attorneys), for Charles L. d'Espinay-Durtal, respondent-appellant.
Walter D. Fletcher of counsel (John C. Hover, Peter C. McBean and Peter M. Ward with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for Guaranty Trust Company of New York, as substituted trustee, respondent-appellant.
Anthony J. Romagna, in person, of counsel (Arthur H. Printz with him on the brief), for Anthony J. Romagna, as guardian ad litem of Chantal L. M. F. d'Espinay, an infant, appellant.
Bernard Cowen, appellant in person and of counsel for Josephine Grove and others, appellants.
Catherine Noyes Lee of counsel (Hampton D. Ewing, Jr., with her on the brief; Cadwalader, Wickersham & Taft, attorneys), for Thomas B. Gilchrist, as ancillary executor, respondent.
Charles H. Tuttle of counsel (Breed, Abbott & Morgan, attorneys), for Breed, Abbott & Morgan, respondents.
PECK, P. J., COHN and RABIN, JJ., concur with BOTEIN, J.; COX, J., dissents in part in opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
BOTEIN, J.
On a prior appeal in this matter, one of the major issues involved the right of d'Espinay, the settlor's second husband, to take an annuity pursuant to a reserved right of appointment exercised by the settlor (276 App. Div. 990, affd. without opinion, 302 N.Y. 752). After holding that he was entitled to the annuity, this court...
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