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BANK OF NEW YORK v. UNITED STATES

174 F.Supp. 911 (1957)

The BANK OF NEW YORK as trustee of a trust created by Mary Viva Brooke by agreement dated March 12, 1903, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

November 26, 1957.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin, New York City (Grenville T. Emmet, Jr., New York City, of counsel), for plaintiff.

Paul W. Williams, U. S. Atty., for the Southern District of New York, New York City (Amos J. Peaslee, Jr., Asst. U. S. Atty., New York City, of counsel), for defendant.

RYAN, District Judge.

This suit has been filed by plaintiff bank, as trustee of an inter-vivos trust created by Mary Viva Brooke by agreement dated March 12, 1903. The settlor died on December 5, 1944; she was then a British subject, and a resident of England. Her last will was duly admitted to probate in England. No ancillary proceedings were had in the United States. Plaintiff bank as trustee in possession of funds of...

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