In re the Trusteeship under the Will of Hawke

Appellate Division of the Supreme Court of New York

In re the Trusteeship under the Will of Hawke

222 A.D. 643, 228 N.Y.S. 165, 1928 N.Y. App. Div. LEXIS 8133

Appellate Division of the Supreme Court of the State of New York·Decided March 2, 1928·Published·Cited by 2 cases

Opinion

Per Curiam.

We are of the opinion that a suitable disinterested person or corporation should be made the substituted trustee. If the parties are able to agree upon such person or corporation, they may so advise the court upon the settlement of the order to be made herein, otherwise a suitable appointment will be made by the court. The order appealed from should be modified in accordance with this memorandum, and as so modified affirmed, with ten dollars costs and disbursements to the appellant.

Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.; Dowling, P. J., dissents.

Order modified in accordance with opinion, and as so modified affirmed, with ten dollars costs and disbursements to the appellant. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We are of the opinion that a suitable disinterested person or corporation should be made the substituted trustee. If the parties are able to agree upon such person or corporation, they may so advise the court upon the settlement of the order to be made herein, otherwise a suitable appointment will be made by the court. The order appealed from should be modified in accordance with this memorandum, and as so modified affirmed, with ten dollars costs and disbursements to the appellant.

Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.; Dowling, P. J., dissents.

Order modified in accordance with opinion, and as so modified affirmed, with ten dollars costs and disbursements to the appellant. Settle order on notice.

In re the Trusteeship under the Will of Hawke, 222 A.D. 643, 228 N.Y.S. 165, 1928 N.Y. App. Div. LEXIS 8133 (N.Y. Ct. App. 1928).

Pincite

222 A.D. 643 (In re the Trusteeship under the Will of Hawke) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related