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

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

DecidedJune 26, 1946

StatusPublished

Cited by1 cases

This text of 270 A.D. 1069 (In re the Accounting of Rochester Trust & Safe Deposit Co.) 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 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

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.]

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270 A.D. 1069, 63 N.Y.S.2d 649, 1946 N.Y. App. Div. LEXIS 5329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-rochester-trust-safe-deposit-co-nyappdiv-1946.

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