Motion granted as to one defendant and otherwise denied.
trustees may be exercised upon resignation of one trustee by remaining trustee.
Surrogate's Court Act, § § 224, 226.
was sufficient to pass title.
diminish her power to convey.
beneficiary of trust and remaindermen.
Alvan S. Hutchinson, Jr., Oyster Bay, for defendant Lena Hutchinson Emerson.
WILLIAM R. BRENNAN, Jr., Justice.
November 30, 1964, effective as of December 31, 1952.
grantee later resold the property to the defendant Mary DeRosa.
by the remaining executor and trustee (Striker v. Daly, 223 N.Y. 468, 119 N.E.
Thomas, 254 N.Y. 292, 172 N.E. 513; Surrogate's Court Act § § 224, 226).
individual and fiduciary capacities, was sufficient to pass full title.
Plaintiff argues, however, that she didn't convey as trustee, but as executor.
the affidavits presented. See Noll v. Smith, 250 App.Div. 453, 294 N.Y.S. 562.
The motion is granted as to the defendant DeRosa, and is otherwise denied.