New York Court of Appeals, 1951

In re the Accounting of Brooklyn Trust Co.

In re the Accounting of Brooklyn Trust Co.
New York Court of Appeals · Decided April 13, 1951
302 N.Y. 787; 99 N.E.2d 9; 1951 N.Y. LEXIS 927

In re the Accounting of Brooklyn Trust Co.

Opinion of the Court

Decree affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.

Concur: Loughran, Ch. J., Conway, Fuld and Froessel, JJ.; Lewis, Desmond and Dye, JJ., dissent and vote for reversal in the following memorandum: When the will is read as a whole, it is clear that the testatrix intended a ratable distribution of the remainder of the Sibyl M. Bower trust among the named beneficiaries. (Matter of Low, 232 App. Div. 414, affd. 257 N. Y. 613; Matter of Knickerbocker, 255 App. Div. 309, affd. 280 N. Y. 560.)

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