In re Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by Elizabeth Clark, as administratrix, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 11th day of September, 1919, denying a motion to compel the Central Union Trust Company of New York to turn over to the said Elizabeth Clark, as administratrix, the moneys on deposit in said institution to the credit of Thomas M. Weed, deceased.
1Opinion of the Court
Page, J.:
The Central Union Trust Company holds on deposit the funds of the estate of Thomas M. Weed, referred to in Matter of Clark v. Southworth (189 App. Div. 771), decided herewith. If, in compliance with that order, the executor draws a check on the trust company for $1,000 as therein provided, the trust company should honor it. If he does not, then the trust company is ordered to pay the said sum of $1,000 to the administratrix and take her receipt therefor, which shall be a sufficient voucher and acquittance for such payment.
The order of the surrogate should be reversed and the motion…
2Cases cited1 opinion
- In re ClarkAppellate Division of the Supreme Court of the State of New York · 1919