In re Thomson

• Decision Date: 21 October 1949
• Citation: 88 N.E.2d 725,300 N.Y. 498
• Parties: Application of Celestine A. THOMSON. In re BURCHELL'S ESTATE.
• Court: New York Court of Appeals Court of Appeals

300 N.Y. 498

88 N.E.2d 725

Application of Celestine A. THOMSON.

In re BURCHELL'S ESTATE.

Court of Appeals of New York.

Oct. 21, 1949.

On motion for reargument, 299 N.Y. 351, 87 N.E.2d 293.

Proceeding in the matter of the estate of Celestine A. Gardner, (Formerly Celestine A. Burchell), deceased, on the application of Celestine A. Thomson, under Civil Practice Act, s 1307 et seq., for an order requiring the Lawyers Trust Company, as successor trustee under a trust indenture executed by decedent June 22, 1891, to account, directing successor trustee to distribute the corpus of the trust between the four children of the settlor in equal shares as remaindermen and for a determination that surviving spouse of settlor had no interest in trust fund whether as an heir at law, next of kin, surviving spouse, or otherwise, opposed by Frank P. Nohowel, executor of decedent's estate, and others, and Josephine M. Burchell and others.

From an order of the Appellate Division, 274 App.Div. 925, 85 N.Y.S.2d 300, affirming an order of the Supreme Court at special term, Schreiber, J., entered in New York County, granting the application, Frank P. Nohowel, as executor and others appealed by leave of the Appellate Division, 274 App.Div. 1033, 86 N.Y.S.2d 459.

Motion for reargument denied with $10 costs and necessary printing disbursements.