New York Court of Appeals, 1946

Dascomb v. New York Trust Company

Dascomb v. New York Trust Company
New York Court of Appeals · Decided January 18, 1946
65 N.E.2d 425; 295 N.Y. 713; 1946 N.Y. LEXIS 903 (North Eastern Reporter, Second Series)

Dascomb v. New York Trust Company

Opinion of the Court

Judgment so far as appealed from affirmed, with costs; no opinion.

Concur: Loüghban, Ch. J., Conway, Desmond, Dye and Medalie, JJ.; Lewis, J., dissents from so much of the decision as sustains a surcharge of $13,500, upon the ground that in the *716 circumstances disclosed by the record the remaindermen are estopped to complain of the purchase by the trustee of the second mortgage which is the basis for such surcharge; otherwise, concurs. Taldng no part: Thacher, J.

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