Legal Opinion

In re the Accounting of Luckenbach

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

Decided April 2, 1951PublishedCited by 4 opinions

1Per curiam

This is a motion for reargument of a prior motion to dismiss the appeal; to resettle an order dated March 5, 1951, which dismissed the appeal, and for leave to appeal to the Court of Appeals.

The motion for reargument is granted. Upon reargument the prior determination to dismiss the appeal is adhered to and the motion, in all other respects, is denied, without costs.

In 1906, the will of Lewis Luckenbach, deceased (hereinafter referred to as the “ grandfather ”), dated June 13, 1905, was probated. Insofar as material, it directed that the residuary be held in trust, with income therefrom to…

2Cases cited24 opinions

  1. In re the Estate of WagnerNew York Court of Appeals · 1890
  2. Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Brennan v. . WillsonNew York Court of Appeals · 1877
  4. Ayrshire Collieries Corp. v. United StatesSupreme Court of the United States · 1947
  5. Belmont v. . O'BrienNew York Court of Appeals · 1855

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3Cited by4 opinions

  1. In re the Accounting of Bankers Trust Co.New York Surrogate's Court · 1953
  2. Kane v. LewisAppellate Division of the Supreme Court of the State of New York · 1953
  3. In re Setting Aside the Election of Officers & Directors of Salnor Realty Corp.New York Supreme Court · 1959
  4. In re the Estate of SarkissianAppellate Division of the Supreme Court of the State of New York · 1969

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