Dascomb v. New York Trust Company

New York Court of Appeals

Dascomb v. New York Trust Company

65 N.E.2d 425, 295 N.Y. 713, 1946 N.Y. LEXIS 903

DecidedJanuary 18, 1946

StatusPublished

This text of 65 N.E.2d 425 (Dascomb v. New York Trust Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dascomb v. New York Trust Company, 65 N.E.2d 425, 295 N.Y. 713, 1946 N.Y. LEXIS 903 (N.Y. 1946).

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Opinion

Judgment so far as appealed from affirmed, with costs; no opinion.

Concur: Loüghban, Ch. J., Conway, Desmond, Dye and Medalie, JJ.; Lewis, J., dissents from so much of the decision as sustains a surcharge of $13,500, upon the ground that in the *716 circumstances disclosed by the record the remaindermen are estopped to complain of the purchase by the trustee of the second mortgage which is the basis for such surcharge; otherwise, concurs. Taldng no part: Thacher, J.

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Judgment so far as appealed from affirmed, with costs; no opinion.

Concur: Loüghban, Ch. J., Conway, Desmond, Dye and Medalie, JJ.; Lewis, J., dissents from so much of the decision as sustains a surcharge of $13,500, upon the ground that in the *716 circumstances disclosed by the record the remaindermen are estopped to complain of the purchase by the trustee of the second mortgage which is the basis for such surcharge; otherwise, concurs. Taldng no part: Thacher, J.

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65 N.E.2d 425, 295 N.Y. 713, 1946 N.Y. LEXIS 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dascomb-v-new-york-trust-company-ny-1946.