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action affirmed agreement alleged amount applied assets assignment authority bank beneficiaries benefit bill bonds certificate cestui que trust charitable claim complaint constructive trust contract corporation court of equity creditors death debts declared decree deed defendant deposit dividends entitled equity executed executors Facts rewritten fiduciary fraud gift Harv held hold income intention interest investment judgment jurisdiction land Law Rev legal title liability lien Mass Matter ment Misc mortgage N. J. Eq N. Y. Supp Negotiable Instruments opinion owner paid parties payable payment person plaintiff in error principal provisions purchase purpose question real estate reason received residuary estate resulting trust rule securities settlor Seybel shares spendthrift trust statute Statute of Frauds supra Supreme Court Surrogate's Court testamentary testator's thereof tion transaction transfer Trust Company trust estate trust fund trust instrument trust property wife Yale L. J. York