In re Cooney

Appellate Division of the Supreme Court of New York

In re Cooney

262 A.D. 1014

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1941·Published

Opinions

Separate appeals by James L. Clare, as executor, etc., and Carl Bill Sohiffer, special guardian of John G. Cooney, from a decree of the Surrogate’s Court of [1015]*1015Bronx County, entered in the office of said Surrogate’s Court on May 23, 1941, directing said executor to turn over to petitioner Josephine Cooney a pass book of Bowery Savings Bank and that the balance in the account be paid to her, except that portion of said decree which awards $125 to said special guardian.

Decree, so far as appealed from, affirmed, with costs. No opinion.

Present- — -Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.; Untermyer and Dore, JJ., dissent and vote to reverse and dismiss the petition ¡dissenting opinion by Untermyer, J.

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Separate appeals by James L. Clare, as executor, etc., and Carl Bill Sohiffer, special guardian of John G. Cooney, from a decree of the Surrogate’s Court of [1015]*1015Bronx County, entered in the office of said Surrogate’s Court on May 23, 1941, directing said executor to turn over to petitioner Josephine Cooney a pass book of Bowery Savings Bank and that the balance in the account be paid to her, except that portion of said decree which awards $125 to said special guardian.

Decree, so far as appealed from, affirmed, with costs. No opinion.

Present- — -Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.; Untermyer and Dore, JJ., dissent and vote to reverse and dismiss the petition ¡dissenting opinion by Untermyer, J.

In re Cooney, 262 A.D. 1014 (N.Y. Ct. App. 1941).

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