In re Cent. Hanover Bank & Trust Co.

Citation299 N.Y. 697,87 N.E.2d 73
PartiesIn re CENTRAL HANOVER BANK & TRUST CO.
Decision Date02 June 1949
CourtNew 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?

‘3. Did the Surrogate err as matter of law in making the intermediate decree of voluntary accounting appealed from herein dismissing Objections 1 and 2 of the Special Guardian and Attorney for certain persons interested in income?'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.

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6 cases
  • Mullane v. Central Hanover Bank Trust Co
    • United States
    • U.S. Supreme Court
    • April 24, 1950
  • O'Brien v. Commissioner of Ed.
    • United States
    • New York Court of Appeals Court of Appeals
    • March 27, 1958
    ... ... 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
    • United States
    • New York Court of Appeals Court of Appeals
    • January 25, 1962
    ... ... 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
    • United States
    • New York Surrogate Court
    • March 20, 1974
    ... ... 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 ... ...
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