Legal Opinion
In re the Accounting of Brooklyn Trust Co.
New York Court of Appeals
Decided April 13, 1951PublishedCited by 3 opinions
1Opinion of the Court
Decree affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.
Concur: Loughran, Ch. J., Conway, Fuld and Froessel, JJ.; Lewis, Desmond and Dye, JJ., dissent and vote for reversal in the following memorandum: When the will is read as a whole, it is clear that the testatrix intended a ratable distribution of the remainder of the Sibyl M. Bower trust among the named beneficiaries. (Matter of Low, 232 App. Div. 414, affd. 257 N. Y. 613; Matter of Knickerbocker, 255 App. Div. 309, affd. 280 N. Y. 560.)
2Cases cited4 opinions
- In re the Judicial Settlement of the Account of Proceedings of City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In Re the Accounting of City Bank Farmers Trust Co.New York Court of Appeals · 1931
- In Re the Accounting of Mechanics & Farmers BankNew York Court of Appeals · 1939
- In re the Final Judicial Settlement of Account of Proceedings of Mechanics & Farmers BankAppellate Division of the Supreme Court of the State of New York · 1938
3Cited by3 opinions
- In re the Estate of Denison-ForbesNew York Surrogate's Court · 1964
- In re the Estate of WhiteNew York Surrogate's Court · 1966
- In re the Estate of WagenerNew York Surrogate's Court · 1969