In re Baltes
Appellate Division of the Supreme Court of the State of New York
Appeal by the Union Trust Company of Hew York from a judgment of the Supreme Court in favor of the petitioner, Fernando Baltes,. as executor, etc., of- Edmund Waring, deceased, entered in the office of the clerk of the county of Hew York on the 3d day of January, 1900, and also from a decree and order made at the Hew York Special Term and entered in said clerk’s office on the 30th day of December, 1899, directing the said Union Trust Company to pay to the petitioner the sum…
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Appeal by the Union Trust Company of Hew York from a judgment of the Supreme Court in favor of the petitioner, Fernando Baltes,. as executor, etc., of- Edmund Waring, deceased, entered in the office of the clerk of the county of Hew York on the 3d day of January, 1900, and also from a decree and order made at the Hew York Special Term and entered in said clerk’s office on the 30th day of December, 1899, directing the said Union Trust Company to pay to the petitioner the sum of $130,446.25, except so much thereof as provides for a stay of proceedings pending the appeal, and dispenses with the…
1Opinion of the Court
McLaughlin, J.:
This proceeding was begun by the service of a notice of motion and a copy of á petition upon the appellant, the Union Trust Company of Hew York. The petition, among other things, alleged that the Union Trust Company of Hew York held as trustee certain property which belonged to the petitioner as executor of the last will.' and testament of Edmund Waring, deceased.. The relief demanded was that a certain agreement mentioned in the petition bearing date the 19th day of February, 1887, and all acts of the Union Trust Company done in pursuance thereof, be declared void, and that…
2Cases cited2 opinions
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- In re Van WyckNew York Court of Chancery · 1846
3Cited by4 opinions
- In re the Judicial Settlement of the Account of WatersAppellate Division of the Supreme Court of the State of New York · 1918
- Ebling Co. v. Trinity Estates, Inc.New York Court of Appeals · 1935
- City Bank Farmers Trust Co. v. Dayfield Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Gelly v. KalamonAppellate Division of the Supreme Court of the State of New York · 1941