Dascomb v. New York Trust Company
New York Court of Appeals
Dascomb v. New York Trust Company, 65 N.E.2d 425 (N.Y. 1946)
295 N.Y. 713; 1946 N.Y. LEXIS 903
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.
Reference
- Full Case Name
- Anne P. Dascomb, Respondent, v. New York Trust Company Et Al., Individually and as Trustees Under a Trust Made by Almon C. Kellogg, Appelants, Et Al., Respondents
- Status
- Published