In re the Estate of Westpfal

OPINION OF THE COURT

C. Raymond Radigan, J.

The question posed in this proceeding is may a bank incorporated in Florida and authorized by the laws of that State to act in a fiduciary capacity as trustee be appointed ancillary trustee of real property located in New York?

Section 131 (3) of the Banking Law states a banking or trust company incorporated under the laws of another State which authorizes such corporation to act in a fiduciary capacity *488under a will or an inter vivos trust is prohibited from acting in New York in such capacity unless domestic banks or trust companies are permitted to…