In re Accounting of Central Hanover Bank & Trust Co.

I dissent and vote to reverse the decree appealed from and to dismiss the petition upon the ground that the portion of section 100-c of the Banking Law relating to judicial settlement of common trust fund accounts is unconstitutional by reason of lack of provision for adequate notice to beneficiaries. (Matter of Security Trust Co. of Rochester, 189 Misc. 748, and cases cited.) As the opinion below states: “‘The fundamental requisite of due process of law is the opportunity to be heard. * * * And it is to this end, of course, that summons or equivalent notice is employed ’ (Grannis v. Ordean,…