Opinion

Farmers' Loan & Trust Co. v. Winthrop

207 A.D. 356
202 N.Y.S. 456
4 A.F.T.R. (P-H) 3808
1923 N.Y. App. Div. LEXIS 5962

Court: Appellate Division of the Supreme Court of the State of New York
Filed: Dec 14, 1923
Status: Published
Author: Clarke
On the bench: Clarke, Finch, McAvoy
Cited by: 22 cases

Modified by Farmers' Loan & Trust Co. v. Winthrop, 238 N.Y. 477 (1924)

The opinion

Clarke, P. J.

(dissenting):

I concur in the dissent. The obvious intent of the settlor to include in the trust all of the securities decreed by the Surrogate’s Court to belong to her is not to be defeated by the accident that *372 when demand was made on the United States Trust Company, the custodian thereof, only half of said securities were ready for immediate physical delivery. If there be such a thing as a symbolical delivery, it existed in this case.

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