Legal Opinion

In re the Accounting of Bankers Trust Co.

New York Surrogate's Court

Decided July 10, 1952Published

1Opinion of the Court

Frankenthaler, S.

The testator directed that his estate be divided into six equal parts with one share payable to each of his five brothers and his sister. He provided in article Fourth of his will that ‘ ‘ any indebtedness owing to me at the time of my death by any legatee or devisee hereunder shall be applied against his or her share for the purposes of computing the amount to which said legatee is entitled. ’ ’ Two German legatees whose shares have been vested by the Alien Property Custodian were indebted to the testator at the time of his death, his brother Johann in the sum of 30,000…

2Cases cited16 opinions

  1. Commercial Trust Co. of NJ v. MillerSupreme Court of the United States · 1923
  2. Cummings v. Deutsche Bank Und DiscontogesellschaftSupreme Court of the United States · 1937
  3. Sokoloff v. National City BankNew York Court of Appeals · 1928
  4. Hoppe v. . Russo-Asiatic BankNew York Court of Appeals · 1923
  5. Parker v. HoppeNew York Court of Appeals · 1931

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