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City Bank Farmers Trust Co. v. Kops

267 A.D. 971 Court First Department, Decision date 1944-05-05 English

Decision Majority · Dissent — Martin, P. J.

Contents
p. 971
First Department,
Mat, 1944.
(May 5, 1944.)
City Bank Farmers Trust Company et al., as Trustees under an Indenture of Trust Made by Max Kops for the Benefit of Jessie G. Kops and Others, Appellants, v. Jessie G. Kops et al., Defendants. Abraham J. Halprin, as Guardian ad Litem for Edwin K. Wisbrun and Another, Infant Defendants, Respondent.

Orders affirmed, each with ten dollars costs and disbursements. No opinion. Townley, Glennon, Untermyer and Dore, JJ., concur; Martin, P. J., dissents in opinion.

(dissenting). Objections to an account should plainly and concisely indicate the transactions complained of so that the accountant may be informed of the charges he is required to meet. The objections here do not meet that test. Until the issues are defined, the estate should not be burdened with the expense of a reference which in effect is a roving investigation.

The orders appealed from should be reversed, with leave to respondent to file amended objections.