Legal Opinion

In re the Estate of Kiamie

New York Surrogate's Court

Decided June 6, 1958Published

1Opinion of the Court

Christopher C. McGrath, S,

In this discovery proceeding, the Court of Appeals (Matter of Kiamie, 309 N. Y. 325) on November 23, 1955 declared invalid a public sale of decedent’s pledged securities consisting of the stocks of four small realty corporations because the published notice of sale was defective in its description of the property. The only references or descriptions as to the stocks in the notice were the number of shares, the names of the corporations and the state of their incorporation.

The pledge agreement authorized the pledgee upon default to sell the pledged securities “ at…

2Cases cited8 opinions

  1. Jacobus v. . ColgateNew York Court of Appeals · 1916
  2. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  3. Shielcrawt v. MoffettNew York Court of Appeals · 1945
  4. Isola v. . WeberNew York Court of Appeals · 1895
  5. Coane v. American Distilling Co.New York Court of Appeals · 1948

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