Gilbert M. Husted, Appellant v. David Thomson, as Trustee of the Estate of Benjamin Lord, Deceased, Respondent

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff's action at law against the trustee, holding that a beneficiary cannot maintain such an action to recover his share while the trust remains open and the estate balance has not been ascertained. The court required the plaintiff to seek equitable relief or join existing proceedings to determine his interest.