MATTER OF BATES, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Attorney(S)

Frederick N. Van Zandt, for the motion. M. Claiborne Mebel of counsel, for the executors of the estate of Benjamin L.M. Bates, deceased, and Jerome A. Strauss of counsel, for Mary Haac Alexander, opposed.

Judges

PER CURIAM.
MARTIN, P.J. (dissenting).

See more information ...

Smart Summary

Please sign up to generate summary.

In the Matter of the Judicial Settlement of the Intermediate Account of Proceedings of IRVING TRUST COMPANY and ADELAIDE ROBERTS, as Executors, etc., of BENJAMIN L.M. BATES, Deceased. See 255 App. Di v. 615, re

PER CURIAM.

Motion for reargument denied.

Motion to take additional proof under section 309 of the Surrogate's Court Act denied upon the ground that there is no necessity for the exercise of that power in favor of the claimant Bates, since all the matters on which she now relies may be presented to the surrogate under our decision, which expressly reserves that right to her.

TOWNLEY, GLENNON and UNTERMYER, JJ., concur; MARTIN, P.J., and O'MALLEY, J., dissent.

MARTIN, P.J. (dissenting).

I dissent and vote to grant the motion. This matter should be disposed of without any further delay.

O'MALLEY, J., concurs.

Motion for reargument and for other relief denied.

MATTER OF BATES

In the Matter of the Judicial Settlement of the Intermediate Account of Proceedings of IRVING TRUST COMPANY and ADELAIDE ROBERTS, as Executors, etc., of BENJAMIN L.M. BATES, Deceased. See 255 App. Di v. 615, re

Comments