Bank of New York & Trust Co. v. Hamersley

• Decision Date: 25 February 1925
• Parties: BANK OF NEW YORK & TRUST COMPANY, as Trustee under the Will of John W. Hamersley, Deceased, Plaintiff, v. Louis G. HAMERSLEY et al., Appellants and Respondents, and James L. Steuart, as Administrator with the Will Annexed of Helen R. H. Stickney, Appellant, Impleaded with Others.
• Court: New York Court of Appeals Court of Appeals

240 N.Y. 558

148 N.E. 704

BANK OF NEW YORK & TRUST COMPANY, as Trustee under the Will of John W. Hamersley, Deceased, Plaintiff,

v.Louis G. HAMERSLEY et al., Appellants and Respondents, and James L. Steuart, as Administrator with the Will Annexed of Helen R. H. Stickney, Appellant, Impleaded with Others.

Court of Appeals of New York.

Feb. 25, 1925.

Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (210 App. Div. 57, 205 N. Y. S. 544), entered August 28, 1924, modifying, and affirming as modified, a judgment construing the will of John W. Hamersley, deceased, entered upon a decision of the court on trial at Special Term in an action brought by the plaintiff to obtain a judicial settlement of its accounts as trustee.

Frank S. Moore, of New York City, for appellant.

M'Crady Sykes, George L. Shearer, Harry H. Hoffnagle, and Ambrose E. Chambers, all of New York City, for Louis G. Hamersley et al., appellants and respondents.

Joseph H. Kohan and Anna M. Kross, both of New York City, for Harry H. Hawes, et al., as executors, etc., respondents and appellants.

PER CURIAM.

Judgment affirmed, with costs to each party or set of parties appearing by attorney payable out of the estate.

HISCOCK, C. J., and CARDOZO, POUND, CRANE, ANDREWS, and LEHMAN, JJ., concur.

McLAUGHLIN, J., absent.