In re Accounting of Luckenbach
This text of 278 A.D. 706 (In re Accounting of Luckenbach) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order denying motion of Carl Wente, appearing specially, to set aside purported service of citation on him individually and to dismiss petition as to him in his individual capacity, reversed on the law, without costs, and the motion granted, without costs. The purported service by publication is effective so far as concerns Wente as trustee. It is ineffectual as to Wente as an individual. (Matter of Matheson, 265 N. Y. 81; 2 Scott on Trusts, § 268.) Moreover the petition seeks no relief against Wente individually. Nolan, P. J., Carswell, Adel and MacCrate, JJ., concur; Johnston, J., not voting.
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