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Wills, Trusts & Estates Keyed to Gallanis
Farmer’s Loan & Trust Co. v. Winthrop
Citation:
144 N.E. 686 (N.Y. 1924)Facts
On February 3, 1920, Helen C. Bostwick executed her deed of trust to the Farmers’ Loan & Trust Company as trustee. At the date of the execution of this deed, a proceeding was pending in the Surrogate’s Court for the settlement of the accounts of the United States Trust Company as trustee of a trust under the will of [Helen’s late husband,] Jabez A. Bostwick. The effect of the decree, when entered, would be to transfer to Mrs. Bostwick money, shares of stock, and other property of the value of upwards of $2,300,000. The plan was that this property, when ready to be transferred, should be delivered to the trustee, and held subject to the trust. On February 3, 1920, simultaneously with the execution of the trust deed, three other documents, intended to effectuate this plan, were signed by the donor. On April 27, 1920, a representative of the Farmers’ Loan & Trust Company presented the power of attorney to the United States Trust Company and stated that he was authorized to receive such securities as were ready for delivery. The controversy arises in respect of the rest of the securities, $1,470,473.70 in value, which were retained in the custody of the United States Trust Company, apparently for the reason that they were not yet ready for delivery.
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