In Re the Accounting of New York Trust Co.
In Re the Accounting of New York Trust Co.
21 N.E.2d 615; 280 N.Y. 775; 1939 N.Y. LEXIS 1573
(North Eastern Reporter, Second Series)
In Re the Accounting of New York Trust Co.
Dissenting Opinion
(dissenting). The testator gave directions in the fifth clause of his will and the executors followed them. The sudden financial collapse of 1929 and 1930 was so extraordinary that the executors cannot be called negligent because they anticipated what everybody else did ■— a rise from a sudden drop. We are all wise after the event.
Opinion of the Court
Order affirmed, with costs payable out of the estate. No opinion.
*776 Concur: Lehman, IIubbs, Loughran and Rippey, JJ. Taking no part: O’Brien, J. Crane, Ch. J., dissents in the following memorandum in which Finch, J., concurs:
Case-law data current through December 31, 2025. Source: CourtListener bulk data.