In re New York Life Ins. & Trust Co.
New York Surrogate's Court
Accounting of the New York Life Insurance & Trust Company as executor of Edwin C. Philbrick, deceased, for the proceedings of said Philbrick as substituted trustee under the will of Adolph Hallgarten, for the benefit of Alice Franchetti. Motion by respondent (Baron) Leopold Franchetti to overrule the second defense in the answer of the adverse respondent, Eleanor von Koppenfels.
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Accounting of the New York Life Insurance & Trust Company as executor of Edwin C. Philbrick, deceased, for the proceedings of said Philbrick as substituted trustee under the will of Adolph Hallgarten, for the benefit of Alice Franchetti. Motion by respondent (Baron) Leopold Franchetti to overrule the second defense in the answer of the adverse respondent, Eleanor von Koppenfels. Motion by respondent (Baron) Leopold Franchetti to overrule and dismiss (or suppress) the stecond and separate or .second defense (or position) set forth in the answer of respondent Eleanor von Koppenfels as…
1Opinion of the Court
FOWLER, S.
This is a very interesting matter, and extremely well .argued by counsel. I had some doubt at the outset, and so stated in .a memorandum, whether the cause was in a position for adjudication without the appointment of a new trustee, but all the learned counsel insisted that it is so. They ought hereafter to abide by that position, if there should be any further doubt, as it was they who invoked the .jurisdiction of the surrogate and quieted his scruples about proceeding as the matter stood. They all likewise now insist on the regularity «of the practice employed to present the…
2Cases cited14 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Cutting v. . CuttingNew York Court of Appeals · 1881
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In re the Estate of HarrimanNew York Surrogate's Court · 1924
- In re the Estate of WalbridgeNew York Surrogate's Court · 1942
- In re the Estate of RyanNew York Surrogate's Court · 1942
- Security-First National Bank v. GreenCalifornia Court of Appeal · 1935
- In re LarkinAppellate Division of the Supreme Court of the State of New York · 1936
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