In re Osborn

Appellate Division of the Supreme Court of New York

In re Osborn

256 A.D. 983, 10 N.Y.S.2d 289, 1939 N.Y. App. Div. LEXIS 5769

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

DecidedMarch 6, 1939

StatusPublished

This text of 256 A.D. 983 (In re Osborn) 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 Osborn, 256 A.D. 983, 10 N.Y.S.2d 289, 1939 N.Y. App. Div. LEXIS 5769 (N.Y. Ct. App. 1939).

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Opinion

Order denying motion of a trustee for discontinuance of a proceeding, as consolidated, for the judicial settlement of an intermediate account affirmed, with ten dollars costs and disbursements to respondent Bertha M. Rantsch. This intermediate accounting should have been settled and determined years ago and it would have been so settled and determined had it not been for procrastination, futile litigation and useless appeals. In November, 1937, we set forth in detail the issues to be determined upon the intermediate accounting. (Matter of Osborn, 252 App. Div. 438.) Although the surviving life tenant has now died, in the interest of orderly procedure and speedy determination this intermediate accounting should proceed at once, and to a conclusion. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.

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Order denying motion of a trustee for discontinuance of a proceeding, as consolidated, for the judicial settlement of an intermediate account affirmed, with ten dollars costs and disbursements to respondent Bertha M. Rantsch. This intermediate accounting should have been settled and determined years ago and it would have been so settled and determined had it not been for procrastination, futile litigation and useless appeals. In November, 1937, we set forth in detail the issues to be determined upon the intermediate accounting. (Matter of Osborn, 252 App. Div. 438.) Although the surviving life tenant has now died, in the interest of orderly procedure and speedy determination this intermediate accounting should proceed at once, and to a conclusion. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

256 A.D. 983, 10 N.Y.S.2d 289, 1939 N.Y. App. Div. LEXIS 5769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-osborn-nyappdiv-1939.

Opinion

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