Majority
p. 539In the Matter of the Application of Henry T. Scott et al., as Trustees under the Will of Mary B. Harrison, Respondents, for an Order Directing Arbitration. Columbia Trust Company, Appellant. (Argued October 2, 1922; decided October 17, 1922.)
Headnote
Arbitration — when arbitration agreement not revoked by death of one of parties — Arbitration Law applicable to agreement made before its passage.Matter of Scott, 200 App. Div. 599 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1922, which affirmed an order of Special Term directing the appellant herein to proceed to arbitration as provided for in an agreement dated December 10, 1904, between the testatrix, Mary B. Harrison, and the Knickerbocker Trust Company, to whose rights and liabilities the appellant herein had succeeded.
The following questions were certified: “ 1. Was the arbitration agreement in the contract of the 10th of December, 1904, revoked by the death of Mary Burton Harrison? 2. Is the Arbitration Law applicable to said arbitration agreement made before its passage where one of the parties to such agreement has died before the passage of such law? ”
p. 540
Martin A. Schenck, Edward Cornell and Charles H. Tuttle for appellant.
Frank M. Patterson and M. MacKenzie for respondents.
Order affirmed with costs: First question certified answered in the negative; second question in the affirmative; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Absent: McLaughlin, J.