Legal Opinion
In re Marine Midland Bank
New York Surrogate's Court
Decided March 20, 1974PublishedCited by 4 opinions
1Opinion of the Court
Millabd L. Midomck, S.
The application of the guardian ad litem for persons interested in principal of a discretionary common trust fund, for a pretrial examination of the accounting trustee is granted, but its scope will be limited in accordance with this opinion. The only objection to the motion is to the scope of the examination, which is outlined in the guardian’s affidavit. The issue is whether the scope of examination and potential liability of the trustee should extend to a decline in the value of securities which occurred in the period previously accounted for, from July 30, 1965 to…
2Cases cited10 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- In Re the Final Judicial Settlement of the Annual Accounts of HoytNew York Court of Appeals · 1899
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1932
- In re the Judicial Settlement in the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1936
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3Cited by4 opinions
- In re the Accounting of the Bank of New YorkNew York Court of Appeals · 1974
- In re Morgan Guaranty Trust Co.New York Surrogate's Court · 1977
- Fraser v. SOUTHEAST FIRST BANK, ETC.District Court of Appeal of Florida · 1982
- Terman v. DitsworthCourt of Appeals of Arizona · 1983