In re the Accounting of Rochester Trust & Safe Deposit Co.

Appellate Division of the Supreme Court of New York

In re the Accounting of Rochester Trust & Safe Deposit Co.

270 A.D. 1069, 63 N.Y.S.2d 649, 1946 N.Y. App. Div. LEXIS 5329

Appellate Division of the Supreme Court of the State of New York·Decided June 26, 1946·Published·Cited by 1 cases

Opinion

Case held, decision reserved, and matter remitted to the Monroe County Surrogate’s Court to take proof and make a determination in accordance with the memorandum. Memorandum: There is no proof in this record nor is there any determination made upon the subject of whether it is practicable or possible to administer the gift in accordance with the expressed intent of the testator. (See Saltsman v. Greene, 256 N. Y. 636; Teele v. Bishop of Derry, 168 Mass. 341.) In order that a full determination can be made of the matters in controversy, a development of the essential relevant facts is necessary. All concur. (The portion of the decree appealed from settles the accounts of the executor and dismisses the objections of the heirs and directs payment of the residue of the trust to North Bradley Chapel of England.) Present — Taylor, P. J., Dowling, Harris, McCurn and Larkin, JJ. [185 Misc. 979.]

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Case held, decision reserved, and matter remitted to the Monroe County Surrogate’s Court to take proof and make a determination in accordance with the memorandum. Memorandum: There is no proof in this record nor is there any determination made upon the subject of whether it is practicable or possible to administer the gift in accordance with the expressed intent of the testator. (See Saltsman v. Greene, 256 N. Y. 636; Teele v. Bishop of Derry, 168 Mass. 341.) In order that a full determination can be made of the matters in controversy, a development of the essential relevant facts is necessary. All concur. (The portion of the decree appealed from settles the accounts of the executor and dismisses the objections of the heirs and directs payment of the residue of the trust to North Bradley Chapel of England.) Present — Taylor, P. J., Dowling, Harris, McCurn and Larkin, JJ. [185 Misc. 979.]

In re the Accounting of Rochester Trust & Safe Deposit Co., 270 A.D. 1069, 63 N.Y.S.2d 649, 1946 N.Y. App. Div. LEXIS 5329 (N.Y. Ct. App. 1946).

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Opinion

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