Emmerich v. City Bank Farmers Trust Company

Full title: FRANZ J. EMMERICH, Appellant, v. CITY BANK FARMERS TRUST COMPANY, as…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 31, 1949

275 App. Div. 833 (N.Y. App. Div. 1949)

Opinion

May 31, 1949.

Present — Peck, P.J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 1026.]

Judgment unanimously affirmed, with costs. We find that the plaintiff had knowledge, more than six years prior to the commencement of this action, of the existence and termination of the trust described in the complaint under which he became the remainderman of his aunt Marie Auguste Emmerich and of the conversion of that portion of the corpus thereof to which this action relates.