April 9, 1920. Brainard Tolles of counsel [ Davies, Auerbach Cornell, attorneys], for the plaintiffs. Franklin B. Lord, for the defendants, appellants and respondents. Julian C. Harrison of counsel [ William E. Reinhardt with him on the brief; Paine Harrison, attorneys], for the respondent Randolph Perkins, as substituted trustee, etc. MERRELL, J.: This action is brought to compel an accounting for the acts of a deceased testamentary trustee. A referee was appointed in the action to take and state
Argued December 14, 1900 Decided February 5, 1901 R.E. Robinson for appellant. Jesse Grant Roe for William J. Baker, respondent. Rastus S. Ransom and Porte V. Ransom, as guardian ad litem, for William Ver Planck Baker et al., respondents. PARKER, Ch. J. The only question arising on this appeal to which reference will be made in this opinion is whether this accounting trustee should have set apart out of the income a sufficient sum each year with which to form a sinking fund of such extent that the
May Term, 1897. Allison Butts, for the appellants, the executors of Walter Langdon. Wolcott G. Lane, for the appellants Kane and others. George G. De Witt, for the respondent Langdon. Egerton L. Winthrop, Jr., for the respondent Carroll. Tompkins McIvlaine, for the respondent Townsend. O'BRIEN, J.: The question to be determined on this appeal is that involved in the controversy between the defendants entitled by the terms of the trust deed to the principal of the trust estate, and the personal representatives