Full text
In the Matter of the Application of Josephine Cooney to Compel Delivery by James L. Clare, as etc., of May E. Gordon, to the Said Josephine Cooney of Certain Specific Personal Property. James L. Clare, as etc., and Carl Eill Schiffer, Special Guardian, Appellants Josephine Cooney, Respondent The Bowery Savings Bank
Opinions in this case
- Majority
- Dissent — Untermyer
Separate appeals by James L. Clare, as executor, etc., and Carl Bill Sohiffer, special guardian of John G. Cooney, from a decree of the Surrogate’s Court of
[1015] Bronx County, entered in the office of said Surrogate’s Court on May 23, 1941, directing said executor to turn over to petitioner Josephine Cooney a pass book of Bowery Savings Bank and that the balance in the account be paid to her, except that portion of said decree which awards $125 to said special guardian.
Decree, so far as appealed from, affirmed, with costs. No opinion.
Present- — -Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.; Untermyer and Dore, JJ., dissent and vote to reverse and dismiss the petition ¡dissenting opinion by Untermyer, J.