Legal Opinion · Dissent

In re Gross

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1980Published

1DissentBloom, J.

On this application to settle the intermediate account of the successor trustee, the Commissioner of Mental Hygiene appeals from so much of the decree as dismissed the claim of the Director of Rockland Psychiatric Center for payment of the sum of $82,910.36 from the corpus of the trust created for the benefit of *532Marie Escher (Marie). This claim is substantially in excess of the principal of the trust. On December 8, 1924 Martin Escher (Martin), the testator herein, executed his last will and testament. He was the father of five children, one of whom, Marie, had suffered from epileptic…

2Cases cited8 opinions

  1. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  2. In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
  3. In re the Estate of EscherNew York Surrogate's Court · 1978
  4. In re the Estate of DamonAppellate Division of the Supreme Court of the State of New York · 1979
  5. In re the Accounting of United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1965

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