Rochester Trust & Safe Deposit Co. v. Brown — 239 N.Y. 571

Majority

p. 571

Rochester Trust and Safe Deposit Company et al., as Executors of W. Frank McLean, Deceased, et al., Respondents, v. Chapin Brown, as Executor of Arthur T. Skinner, et al., Appellants.

Headnote

Decedent’s estate — action to determine ownership and method of distribution of portion of estate.

Rochester Trust & Safe Deposit Co. v. Brown, 209 App. Div. 845 , affirmed.

(Argued October 22, 1924;

decided November 25, 1924.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 9, 1924, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought to have it adjudged that certain bonds and mortgages and other securities in the possession of plaintiffs, executors, were the property of the plaintiffs’ testator and others; that the will of Arthur T. Skinner of March 10, 1910, was his last will so far' as such property was concerned and a codicil of June 20, 1920, was inoperative; that plaintiffs might‘have an accounting in Supreme Court and the defendant Chapin Brown in his two representative capacities and Nellie F. Skinner be excluded from any interest in such property and be enjoined from asserting any right therein.

James McCall and W. Chantler Arbuckle for appellants.

Asher P. Whipple and James L. Hotchkiss for respondents.

p. 572

Judgment affirmed, with costs to respondents payable out of the fund; no opinion.

Concur: Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Hiscock, Ch. J.