# Farmers' Loan & Trust Co. v. Winthrop

> Appellate Division of the Supreme Court of the State of New York · December 14, 1923 · 207 A.D. 356

URL: https://www.frixlaw.com/law-library/cases/5271897

## Case

- **Full name:** The Farmers' Loan and Trust Company, as Trustee under a Deed of Trust Dated February 3, 1920, Made by Helen C. Bostwick, for the Benefit of Helen C. Bostwick and Remaindermen v. Egerton L. Winthrop, Jr., as etc., of Evelyn Bostwick Voronoff, and Others, Impleaded with The Farmers' Loan and Trust Company, as etc., of Helen C. Bostwick
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 14, 1923
- **Citations:** 207 A.D. 356; 202 N.Y.S. 456; 4 A.F.T.R. (P-H) 3808; 1923 N.Y. App. Div. LEXIS 5962
- **Precedential status:** Published
- **Opinion:** Dissent by Clarke
- **Judges:** Clarke, Finch, McAvoy
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified by Farmers' Loan & Trust Co. v. Winthrop, 238 N.Y. 477 (1924).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5271897

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5271897. Public record. Not legal advice.