Administrative
In the Matter of the Accounting of Edgar F. Luckenbach, as Trustee under the Will of Lewis Luckehbach, Deceased. Carl Wente, Appellant; Joseph W. Drake et al., Respondents
278 A.D. 706·New York Supreme Court, Appellate Division·1951·NY
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Opinion
(March 14, 1951.)
In the Matter of the Accounting of Edgar F. Luckenbach, as Trustee under the Will of Lewis Luckehbach, Deceased. Carl Wente, Appellant; Joseph W. Drake et al., Respondents.
[MAJORITY]
Order denying motion of Carl Wente, appearing specially, to set aside purported service of citation on him individually and to dismiss petition as to him in his individual capacity, reversed on the law, without costs, and the motion granted, without costs. The purported service by publication is effective so far as concerns Wente as trustee. It is ineffectual as to Wente as an individual. (Matter of Matheson, 265 N. Y. 81; 2 Scott on Trusts, § 268.) Moreover the petition seeks no relief against Wente individually. Nolan, P. J., Carswell, Adel and MacCrate, JJ., concur; Johnston, J., not voting.