Legal Opinion

In re the Accounting of Bankers Trust Co. of Rochester

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

Decided May 25, 1983PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In a proceeding brought by the trustee for approval of its intermediate accounting, Trial Term has sustained certain of respondents’ objections and surcharged the trustee in the amount of $840,737.02 with interest. The trustee appeals only from that portion of the judgment imposing the surcharge, together with interest and costs. We reverse and dismiss the objections.

The trust in question, the Philip Y. Hahn Unitrust (a charitable remainder trust set up pursuant to US Code, tit 26, §§ 664, 2055, subd [e]) was funded with 225,000 shares of Coleman Company common stock…

3Cases cited5 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
  3. In re the Accounting of the Bank of New YorkNew York Court of Appeals · 1974
  4. Purdy v. . LynchNew York Court of Appeals · 1895
  5. Stark v. United States Trust Co. of NYDistrict Court, S.D. New York · 1978

4Cited by20 opinions

  1. In Re the Estate of DonnerNew York Court of Appeals · 1993
  2. In re the Estate of JanesAppellate Division of the Supreme Court of the State of New York · 1996
  3. In Re the Judicial Settlement of the Intermediate Account of HSBC Bank USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2012
  4. In re the Accounting of Bankers Trust Co.New York Court of Appeals · 1984
  5. National Union Fire Insurance v. Proskauer Rose Goetz & MendelsohnNew York Supreme Court · 1994

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