Legal Opinion · Dissent

In Re the Accounting of Central Hanover Bank & Trust Co.

New York Court of Appeals

Decided July 19, 1945Published

1DissentConway, J.

This is an appeal by an accounting testamentary corporate trustee from an order of the Appellate Division affirming, with two justices dissenting in part, a decree of the Surrogate’s Court surcharging the trustee for (a) investments in mortgage participations and (b) retaining stock after notice of a proposed consolidation of the issuing corporation with another corporation; except that no appeal is taken with respect to one mortgage participation covering property on Townsend Avenue, and nothing hereafter has reference to that participation unless it is expressly so stated.

The testator died…

2Cases cited29 opinions

  1. Matter of People (Tit. Mtge. Guar. Co.)New York Court of Appeals · 1934
  2. In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
  3. In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
  4. In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
  5. In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883

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