Opinion
July 5, 1961
In an action by the distributees of the Reverend John G. Bawn, deceased, for a judgment: (a) declaring that a testamentary charitable trust created by the decedent in his will (admitted to probate in 1925) and held by the defendant Mission Society as trustee, has failed, and that the remainder of such trust has reverted to plaintiffs as decedent's distributees and next of kin; and (b) directing the defendant Mission Society to account for all moneys received by it as such trustee, the plaintiffs (other than Fred Nuspickle, who died before the decision herein) appeal: (1) from an order of the Supreme Court, Westchester County, dated March 10, 1960, and entered in Orange County on March 18, 1960, denying plaintiffs' motion, pursuant to rule 109 of the Rules of Civil Practice, to strike out the affirmative defenses in the answer of the defendant Mission Society, and granting said defendant's cross motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment dismissing the complaint; (2) from the judgment of the Supreme Court, Orange County, entered April 22, 1960, upon said order, dismissing the complaint as to all the plaintiffs except said Fred Nuspickle; and (3) from an order of the Supreme Court, Westchester County, dated August 5, 1960 and entered in Orange County on August 11, 1960, denying plaintiffs' motion to resettle the first order so as to allow counsel fees and disbursements to the plaintiffs. Judgment and orders affirmed, without costs. No opinion. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur. [ 20 Misc.2d 1061.]