Legal Opinion
Erbe v. Lincoln Rochester Trust Co.
New York Court of Appeals
Decided July 3, 1957PublishedCited by 72 opinions
1Opinion of the CourtBurke, J.
Plaintiffs are persons interested in the estate of Gustav Erbe, who died testate in 1931. A predecessor to the defendant bank, together with others, including the plaintiff Gustav Erbe, Jr., duly qualified as executors of the will. The bank was also a creditor of the estate. A major portion of the estate assets consisted of shares of common and preferred stock in a closely held corporation of which the testator was the president and a cofounder. In 1941, the surviving executors, among whom were the plaintiff Gustav Erbe, Jr., and the defendant bank, submitted a petition to the Surrogate’s…
2Cases cited10 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Higgins v. . CrouseNew York Court of Appeals · 1895
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Clark v. KirbyNew York Court of Appeals · 1926
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3Cited by72 opinions
- Koch v. Christie's International PLCCourt of Appeals for the Second Circuit · 2012
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
- Sargiss v. MagarelliNew York Court of Appeals · 2009
- St. John's University, New York v. BoltonDistrict Court, E.D. New York · 2010
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