New York Court of Appeals, 1936

Low v. Bankers Trust Company

Low v. Bankers Trust Company
New York Court of Appeals · Decided May 26, 1936 · <italic>Per Curiam.</italic>
3 N.E.2d 211; 271 N.Y. 615; 1936 N.Y. LEXIS 1330 (North Eastern Reporter, Second Series)

Low v. Bankers Trust Company

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.