Low v. Bankers Trust Company

New York Court of Appeals

Low v. Bankers Trust Company

3 N.E.2d 211, 271 N.Y. 615, 1936 N.Y. LEXIS 1330

DecidedMay 26, 1936

StatusPublished

This text of 3 N.E.2d 211 (Low v. Bankers Trust Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Low v. Bankers Trust Company, 3 N.E.2d 211, 271 N.Y. 615, 1936 N.Y. LEXIS 1330 (N.Y. 1936).

Pincite

Opinion

Per Curiam.

The motion for an order recalling the remittitur and the amendment thereof -is denied as unnecessary. Our decision (270 N. Y. 143) provided that judgment upon reversal was directed in accordance with this opinion, with costs to the appellants payable out of the fund. The opinion dealt merely with the disposition of the Francis L. Hine fund, subject to the power of appointment; it did not disturb the accounting nor any of the costs and allowances made below. The final judgment as entered stands with the exception of this disposition of the amount remaining in the Francis L. Hine trust fund. This fund, or the amount left after the deductions of costs and allowances as heretofore granted, is to be disposed of in accordance with our decision. The costs, however, in this court are to the appellants, payable out of the fund.

Motion denied.

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

Per Curiam.

The motion for an order recalling the remittitur and the amendment thereof -is denied as unnecessary. Our decision (270 N. Y. 143) provided that judgment upon reversal was directed in accordance with this opinion, with costs to the appellants payable out of the fund. The opinion dealt merely with the disposition of the Francis L. Hine fund, subject to the power of appointment; it did not disturb the accounting nor any of the costs and allowances made below. The final judgment as entered stands with the exception of this disposition of the amount remaining in the Francis L. Hine trust fund. This fund, or the amount left after the deductions of costs and allowances as heretofore granted, is to be disposed of in accordance with our decision. The costs, however, in this court are to the appellants, payable out of the fund.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.E.2d 211, 271 N.Y. 615, 1936 N.Y. LEXIS 1330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/low-v-bankers-trust-company-ny-1936.

Opinion

Related

Cite This Page — Counsel Stack