In re First National City Bank

Appellate Division of the Supreme Court of New York

In re First National City Bank

53 A.D.2d 520, 385 N.Y.S.2d 937, 1976 N.Y. App. Div. LEXIS 13107

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

DecidedJune 3, 1976

StatusPublished

This text of 53 A.D.2d 520 (In re First National City Bank) 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.

Bluebook

In re First National City Bank, 53 A.D.2d 520, 385 N.Y.S.2d 937, 1976 N.Y. App. Div. LEXIS 13107 (N.Y. Ct. App. 1976).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered February 21, 1975, upholding validity of an inter vivos trust, unanimously affirmed, with $60 costs and disbursements to all parties appearing and filing briefs, payable out of the trust estate. The issue was as to the settlor’s competence at the time of creation of the trust. This necessarily involves evaluation of testimony concerning actions and statements, as well as of the weight to be given the opinion of experts. The view taken of the record by the Justice who tried the case cannot be faulted, and the finding and conclusion arrived at is consonant with and supported by the evidence. Further, we find the amount of the attorney’s fee to be reasonable, considering the work done. Concur—Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County, entered February 21, 1975, upholding validity of an inter vivos trust, unanimously affirmed, with $60 costs and disbursements to all parties appearing and filing briefs, payable out of the trust estate. The issue was as to the settlor’s competence at the time of creation of the trust. This necessarily involves evaluation of testimony concerning actions and statements, as well as of the weight to be given the opinion of experts. The view taken of the record by the Justice who tried the case cannot be faulted, and the finding and conclusion arrived at is consonant with and supported by the evidence. Further, we find the amount of the attorney’s fee to be reasonable, considering the work done. Concur—Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 520, 385 N.Y.S.2d 937, 1976 N.Y. App. Div. LEXIS 13107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-first-national-city-bank-nyappdiv-1976.