Legal Opinion

Van Wagoner v. Buckley

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

Decided January 19, 1912PublishedCited by 10 opinions

Appeal by the Superintendent of Banks of the State of New York, in. charge of the Carnegie Trust Company, and another, from, an order of the Supreme Court, made at the Kings County Special Term and entered in the- office of the clerk of the county of Kings on the 14th day of July, 1911, directing said Superintendent of Banks and the Carnegie Trust Company to forthwith pay over to the city chamberlain of the city of New York to the credit of this action the sum of $3,600.26…

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Appeal by the Superintendent of Banks of the State of New York, in. charge of the Carnegie Trust Company, and another, from, an order of the Supreme Court, made at the Kings County Special Term and entered in the- office of the clerk of the county of Kings on the 14th day of July, 1911, directing said Superintendent of Banks and the Carnegie Trust Company to forthwith pay over to the city chamberlain of the city of New York to the credit of this action the sum of $3,600.26 out of the assets of said Carnegie Trust Company in his hands for the purposes of liquidation. Order affirmed, with ten…

1Opinion of the Court

The following is the opinion delivered at. Special Term:

Maddox, J.:

For some time prior to the death of plaintiff’s testatrix and up to about December 5, 1908, there was on deposit with the Carnegie Trust Company $3,600.26 to the credit of the account of said testatrix, who died about October 27, 1907, and whose last will and testament was duly probated about January 15, 1908, letters testamentary thereon issuing out of the Surrogate’s Court of Kings county to plaintiff.

Plaintiff as such executor thereafter made demand on the trust company for the payment to him of that sum, which the trust…

2Cases cited3 opinions

  1. Marine Bank v. Fulton BankSupreme Court of the United States · 1865
  2. Corn Exchange Bk. of Chicago v. . BlyeNew York Court of Appeals · 1886
  3. Bergstresser v. LodewickAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by10 opinions

  1. Osborn v. ClineNew York Court of Appeals · 1934
  2. In re the Estate of KrugerNew York Surrogate's Court · 1931
  3. In re the Estate of RubinsteinNew York Surrogate's Court · 1938
  4. Jacobson v. HahnCourt of Appeals for the Second Circuit · 1937
  5. In re McCarthyNew York Surrogate's Court · 1930

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