Legal Opinion

Emigrant Industrial Savings Bank v. New Rochelle Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1947PublishedCited by 2 opinions

1Opinion of the CourtShientag, J.

This is an action brought to follow assets of an estate duly distributed to legatees.

*64Plaintiff was the mortgagee and Mrs. Alderdice the owner of property in New Rochelle. The mortgage amounted to $22,500. Mrs. Alderdice had executed the usual bond. She died in 1936 leaving a son and daughter, both minors. Her will was probated in Westchester County and the residue was left in trust to the defendant to be divided into equal parts for the benefit of the two children. When the will was probated, both letters testamentary and letters of trusteeship were issued to defendant. On November 14, 1936,…

2Cases cited19 opinions

  1. Perry v. . DickersonNew York Court of Appeals · 1881
  2. Sielcken-Schwarz v. American Factors, Ltd.New York Court of Appeals · 1934
  3. Cook v. . ConnersNew York Court of Appeals · 1915
  4. Honeyman v. HananNew York Court of Appeals · 1937
  5. Karameros v. LutherNew York Court of Appeals · 1938

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3Cited by2 opinions

  1. City of New York v. Nic Homes, Inc.Civil Court of the City of New York · 1964
  2. Mutual Life Insurance v. WeilAppellate Division of the Supreme Court of the State of New York · 1951

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