In re the Accounting of Bankers Trust Co.

New York Court of Appeals

In re the Accounting of Bankers Trust Co.

103 N.E.2d 338, 303 N.Y. 715, 1951 N.Y. LEXIS 1121

CourtNew York Court of Appeals

DecidedDecember 6, 1951

StatusPublished

Cited by3 cases

This text of 103 N.E.2d 338 (In re the Accounting of Bankers Trust Co.) 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.

Bluebook

In re the Accounting of Bankers Trust Co., 103 N.E.2d 338, 303 N.Y. 715, 1951 N.Y. LEXIS 1121 (N.Y. 1951).

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Opinion

Appeals and cross appeals from the decree of the Surrogate dismissed upon the ground that the appealable paper is the order of the Appellate Division. Order of Appellate Division [717]*717modified by reversing so much thereof as disallowed the surcharge made in connection with the leasing in 1937 of the Hotel Albert, on the ground that the weight of the evidence is in accord with the finding of the Surrogate of a breach of trust in connection therewith. To this extent a proportional reinstatement of the surcharge for counsel fees and expenses is allowed. As so modified, order of Appellate Division affirmed, without costs. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye and Froessel, JJ. Dissenting: Desmond and Fuld, JJ., who vote to affirm the order of the Appellate Division in its entirety.

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Appeals and cross appeals from the decree of the Surrogate dismissed upon the ground that the appealable paper is the order of the Appellate Division. Order of Appellate Division [717]*717modified by reversing so much thereof as disallowed the surcharge made in connection with the leasing in 1937 of the Hotel Albert, on the ground that the weight of the evidence is in accord with the finding of the Surrogate of a breach of trust in connection therewith. To this extent a proportional reinstatement of the surcharge for counsel fees and expenses is allowed. As so modified, order of Appellate Division affirmed, without costs. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye and Froessel, JJ. Dissenting: Desmond and Fuld, JJ., who vote to affirm the order of the Appellate Division in its entirety.

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103 N.E.2d 338, 303 N.Y. 715, 1951 N.Y. LEXIS 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-bankers-trust-co-ny-1951.

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