In re Cent. Hanover Bank & Trust Co.
Citation | 299 N.Y. 697,87 N.E.2d 73 |
Parties | In re CENTRAL HANOVER BANK & TRUST CO. |
Decision Date | 02 June 1949 |
Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 275 App.Div. 769, 88 N.Y.S.2d 907.
Proceeding in the matter of the judicial settlement of the account of proceedings of the Central Hanover Bank & Trust Company, as trustee of discretionary common trust fund No. 1 of Central Hanover Bank & Trust Company, established under plan of operation dated December 20, 1945.
From a decree in favor of the Central Hanover Bank & Trust Company, as trustee, and James N. Vaughan, as special guardian and attorney for each infant not appearing by his general guardian, etc., Kenneth J. Mullance, as special guardian and attorney for each infant not appearing by his general guardian, etc., appealed. The decree, so far as appealed from, was affirmed by the Appellate Division, 275 App.Div. 769, 88 N.Y.S.2d 907, and Kenneth J. Mullane, as special guardian appeals.
The following questions were cretified:
‘1. Is due service of a notice pursuant to Subdivision 12 of Section 100-c of the Banking Law sufficient to confer jurisdiction over persons interested in the income of a common trust fund, and to meet the requirements of ‘due process of law’ under the Federal and New York State Constitutions with respect to said persons?
‘2. Has the Surrogate's Court jurisdiction to settle the account of a common trust fund which contains participations from inter vivos trusts?
Order affirmed with costs to the respondents and printing disbursements to the appellant payable out of the fund. First and second questions certified answered in the affirmative. Third question certified answered in the negative.
All concur.
To continue reading
Request your trial- Mullane v. Central Hanover Bank Trust Co
-
O'Brien v. Commissioner of Ed.
... ... itself, due process of law must be observed (Matter of Central Hanover [4 N.Y.2d 156] Bank & Trust Co., 274 App.Div. 772, 80 N.Y.S.2d 127, appeal ... ...
-
Schroeder v. City of New York
... ... Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865; see, ... ...
-
Marine Midland Bank--New York (Discretionary Common Trust Fund), In re
... ... 14). In Mullane v. Central Hanover Bank and Trust Co., 339 U.S. 306, at 311, 70 S.Ct. 652, at 655, 94 L.Ed. 865, the Court, in ruling upon aspects of this statute on appeal from 299 ... ...