In re the Estate of Gridley

Appellate Division of the Supreme Court of New York

In re the Estate of Gridley

244 A.D. 54, 278 N.Y.S. 832, 1935 N.Y. App. Div. LEXIS 5758

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

DecidedMarch 13, 1935

StatusPublished

This text of 244 A.D. 54 (In re the Estate of Gridley) 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 Estate of Gridley, 244 A.D. 54, 278 N.Y.S. 832, 1935 N.Y. App. Div. LEXIS 5758 (N.Y. Ct. App. 1935).

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Opinion

Per Curiam.

The trustees in this case were the president and the cashier of the Salt Springs National Bank of Syracuse and kept on deposit in that bank funds amounting to upward of $26,000 belonging to the trusts for the benefit of George L. Gridley and Abbie E. Gridley from April, 1932. The bank was closed early in March, 1933, and has not reopened but has been declared insolvent by the Comptroller of the Currency. Under' these circumstances the beneficiaries of the trusts were entitled to show the condition of the bank during the many months the funds remained dn deposit as bearing upon the performance by the trustees of their duties as such. The surrogate érted in excluding testimony on this subject and the decree should be reversed on the law, and the matter remitted to the Surrogate’s Court for further hearing.

All concur. Present — Sears, P. J., Taylor, Edgcomb and Thompson, JJ.

Decree reversed on the law and as matter of discretion, without costs, and matter remitted to the Surrogate’s Court for further hearing in accordance with the memorandum.

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Per Curiam.

The trustees in this case were the president and the cashier of the Salt Springs National Bank of Syracuse and kept on deposit in that bank funds amounting to upward of $26,000 belonging to the trusts for the benefit of George L. Gridley and Abbie E. Gridley from April, 1932. The bank was closed early in March, 1933, and has not reopened but has been declared insolvent by the Comptroller of the Currency. Under' these circumstances the beneficiaries of the trusts were entitled to show the condition of the bank during the many months the funds remained dn deposit as bearing upon the performance by the trustees of their duties as such. The surrogate érted in excluding testimony on this subject and the decree should be reversed on the law, and the matter remitted to the Surrogate’s Court for further hearing.

All concur. Present — Sears, P. J., Taylor, Edgcomb and Thompson, JJ.

Decree reversed on the law and as matter of discretion, without costs, and matter remitted to the Surrogate’s Court for further hearing in accordance with the memorandum.

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Bluebook (online)

244 A.D. 54, 278 N.Y.S. 832, 1935 N.Y. App. Div. LEXIS 5758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-gridley-nyappdiv-1935.