New York Court of Appeals, 1948

In Re the Estate of Ridings

In Re the Estate of Ridings
New York Court of Appeals · Decided April 23, 1948 · <italic>Per Curiam.</italic>
79 N.E.2d 735; 297 N.Y. 417; 1948 N.Y. LEXIS 834 (North Eastern Reporter, Second Series)

In Re the Estate of Ridings

Opinion of the Court

Per Curiam.

The rule of undivided loyalty as applied to the retention by a corporate trustee of shares of its own stock is subject to the settlor’s instructions when such instructions are clearly related to shares previously owned by the settlor. In this case the testatrix expressly authorized the retention in the trust of any investments left by her.

The order of the Appellate Division and the Surrogate’s decree entered thereon should be affirmed, with costs to all parties appearing separately and filing briefs, payable out of the estate.

Loughban, Oh. J., Lewis, Conway, Desmond, Thaoheb, Dyb and Fuld, JJ., concur.

Order affirmed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.