Appellate Division of the Supreme Court of New York, 1946

In re the Accounting of National City Bank

In re the Accounting of National City Bank
Appellate Division of the Supreme Court of New York · Decided June 24, 1946
270 A.D. 1039; 63 N.Y.S.2d 647; 1946 N.Y. App. Div. LEXIS 5244
In re the Accounting of National City Bank

Opinion of the Court

Decree of the Surrogate’s Court, Kings County, which in part adjudges that the remainder of the trust created by subdivision 4 of paragraph “ Third ”, of the last will and testament of William H. Loomis, deceased, passes upon the death of Mary Beardsley Wheeler, under the terms of paragraph Fifth ” of said will, to respondent, The Loomis Institute, insofar as appealed from, unanimously affirmed, with one bill of costs to respondents, payable out of the fund. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ.

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