In re Cent. Hanover Bank & Trust Co.

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

299 N.Y. 697
87 N.E.2d 73

In re CENTRAL HANOVER BANK & TRUST CO.

Court of Appeals of New York.

June 2, 1949.


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?'

[87 N.E.2d 73]

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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5 practice notes
  • Mullane v. Central Hanover Bank Trust Co, No. 378
    • United States
    • United States Supreme Court
    • April 24, 1950
    ...of the Fourteenth Amendment and that by allowance of the account beneficiaries were deprived of property without due process of law. 299 N.Y. 697, 87 N.E.2d 73. The case is here on appeal under 28 U.S.C. § 1257, 28 U.S.C.A. § 1257. Common trust fund legislation is addressed to a problem app......
  • O'Brien v. Commissioner of Ed.
    • United States
    • New York Court of Appeals
    • March 27, 1958
    ...of Central Hanover [4 N.Y.2d 156] Bank & Trust Co., 274 App.Div. 772, 80 N.Y.S.2d 127, appeal dismissed 298 N.Y. 902, 85 N.E.2d 54; 299 N.Y. 697, 87 N.E.2d 73, reversed Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. It testimony had here been taken......
  • Schroeder v. City of New York
    • United States
    • New York Court of Appeals
    • January 25, 1962
    ...v. Central Hanover Bank & Trust Co. (339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865, revg. In re Central Hanover Bank & Trust Co., 299 N.Y. 697, 87 N.E.2d 73 which had affd. 274 App.Div. 772, 80 N.Y.S.2d 127 in which Van Voorhis, J., dissented in an opinion). The principles there enunciat......
  • Marine Midland Bank--New York (Discretionary Common Trust Fund), In re, BANK--NEW
    • United States
    • New York Surrogate Court
    • March 20, 1974
    ...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 N.Y. 697, 87 Page 335 N.E.2d 73, observed that the effect of such a decree is 'to settle 'all questions respecting the management of the common fund.......
  • Request a trial to view additional results
5 cases
  • Mullane v. Central Hanover Bank Trust Co, No. 378
    • United States
    • United States Supreme Court
    • April 24, 1950
    ...of the Fourteenth Amendment and that by allowance of the account beneficiaries were deprived of property without due process of law. 299 N.Y. 697, 87 N.E.2d 73. The case is here on appeal under 28 U.S.C. § 1257, 28 U.S.C.A. § 1257. Common trust fund legislation is addressed to a problem app......
  • O'Brien v. Commissioner of Ed.
    • United States
    • New York Court of Appeals
    • March 27, 1958
    ...of Central Hanover [4 N.Y.2d 156] Bank & Trust Co., 274 App.Div. 772, 80 N.Y.S.2d 127, appeal dismissed 298 N.Y. 902, 85 N.E.2d 54; 299 N.Y. 697, 87 N.E.2d 73, reversed Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. It testimony had here been taken under o......
  • Schroeder v. City of New York
    • United States
    • New York Court of Appeals
    • January 25, 1962
    ...in Mullane v. Central Hanover Bank & Trust Co. (339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865, revg. In re Central Hanover Bank & Trust Co., 299 N.Y. 697, 87 N.E.2d 73 which had affd. 274 App.Div. 772, 80 N.Y.S.2d 127 in which Van Voorhis, J., dissented in an opinion). The principles there enunc......
  • Marine Midland Bank--New York (Discretionary Common Trust Fund), In re, BANK--NEW
    • United States
    • New York Surrogate Court
    • March 20, 1974
    ...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 N.Y. 697, 87 Page 335 N.E.2d 73, observed that the effect of such a decree is 'to settle 'all questions respecting the management of the common fund.......
  • Request a trial to view additional results

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