Hyperlawhypertext legal database Dascomb v. New York Trust Co. 295 N.Y. 713

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Dascomb v. New York Trust Co.

295 N.Y. 713 Court N.Y. Decision date 1946-01-18 English

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p. 713
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.
Argued December 3, 1945;
decided January 18, 1946.
p. 715
Joseph M. Hartfield, Thomas Kiernan and James McCarron for New York Trust Company, individually and as trustee, defendant-appellant.
Daniel A. Shirk and Milton A. Goldiner for Henry J. Beilman, as executor of William S. Butler, deceased, individually and as trustee, defendant-appellant.
Irving D. Lipkowitz, William Hughes Lewis and Ambrose V. McCall for plaintiff-respondent.
M. Perry Dawson and Victor D. Werner for Eleanor D. Grlavin, defendant-respondent.
Seymour J. Wilner for Joseph Quittner, guardian ad litem for Grail F. Grlavin, an infant, and another, defendants-respondents.

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

p. 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.