In re the Accounting of Bankers Trust Co.

Appellate Division of the Supreme Court of New York

In re the Accounting of Bankers Trust Co.

284 A.D. 888, 134 N.Y.S.2d 609, 1954 N.Y. App. Div. LEXIS 3948

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1954·Published·Cited by 2 cases

Opinion

It is our opinion that the discretion of the lower court was not improvidently exercised on the facts presented. The will creating the testamentary trust was probated in Surrogate’s Court. Two intermediate accounts covering a period of more than twenty years have been judicially settled in that court. The orderly administration of justice makes it desirable that in the absence of good cause shown the trustee of a testamentary trust should continue to account in the Surrogate’s Court. Orders unanimously affirmed. Present — Dore, J. P., Cohn, Breitel, Bastow and Botein, JJ.

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It is our opinion that the discretion of the lower court was not improvidently exercised on the facts presented. The will creating the testamentary trust was probated in Surrogate’s Court. Two intermediate accounts covering a period of more than twenty years have been judicially settled in that court. The orderly administration of justice makes it desirable that in the absence of good cause shown the trustee of a testamentary trust should continue to account in the Surrogate’s Court. Orders unanimously affirmed. Present — Dore, J. P., Cohn, Breitel, Bastow and Botein, JJ.

In re the Accounting of Bankers Trust Co., 284 A.D. 888, 134 N.Y.S.2d 609, 1954 N.Y. App. Div. LEXIS 3948 (N.Y. Ct. App. 1954).

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Opinion

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