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In re the Judicial Settlement of the Account of Proceedings of Title Guarantee & Trust Co. — freecase.ai

Opinion

In re the Judicial Settlement of the Account of Proceedings of Title Guarantee & Trust Co.

264 A.D. 704 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1942

Full text

In the Matter of the Judicial Settlement of the Account of Proceedings of Title Guarantee and Trust Company and William F. Brown, as Surviving Trustees under the Last Will and Testament of Cornelius J. Ryan, and William F. Brown, as Ancillary etc., of Michael G. Ryan, for the Acts of Said Michael G. Ryan, as Trustee under the Last Will and Testament of Said Cornelius J. Ryan, (From April 20th, 1927, to November 9th, 1937.) Title Guarantee and Trust Company and William F. Brown, Individually and as Surviving Trustees under the Last Will and Testament of Cornelius J. Ryan, and William F. Brown, Individually and as Ancillary etc., of Michael G. Ryan, Accounting for the Acts of Said Michael G. Ryan, as Trustee under the Last Will and Testament of Said Cornelius J. Ryan, Respondents Ellen Ryan Lynch, Marie U. Kearney, Alice Ryan Barry, Cornelius J. Ryan and Ann Ryan Hulswit, Appellants Ralph S. Daniels, as Guardian and Ancillary Committee in the State of New York, of the Property of Timothy Burke Ryan

Opinions in this case

Majority
Dissent — Martin

William F. Brown, one of the appellants, having died March 21, 1942, subsequent to the argument of the appeals, the following determination of said appeals is ordered to be entered nunc pro tunc as of January 6, 1942. Decree, so far as appealed from, affirmed, with costs to the respondent Ralph S. Daniels, as guardian and ancillary committee, etc., payable by the corporate trustee. No opinion. Present' — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; Martin, P. J., dissents and votes to modify; dissenting opinion by Martin, P. J. Intermediate orders brought up for review unanimously affirmed. O’Malley, J., talcing no part.