General
In the Matter of the Petition of Horace M. Grossman and David Shiman, as Executors, etc., of Marie Forrest, Deceased, Respondents, for an Order Directing Joseph A. Broderick, Superintendent of Banks of the State of New York, Appellant, in Charge of the Affairs of The Bank of United States, to Turn over to the Petitioners the Funds of Said Estate
234 A.D. 890·New York Supreme Court, Appellate Division·1931·NY
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Opinion
In the Matter of the Petition of Horace M. Grossman and David Shiman, as Executors, etc,, of Marie Forrest, Deceased, Respondents, for an Order Directing Joseph A. Broderick, Superintendent of Banks of the State of New York, Appellant, in Charge of the Affairs of The Bank of United States, to Turn over to the Petitioners the Funds of Said Estate. —
Affd., 259 N. Y.-.
[MAJORITY]
Decree of the Surrogate’s Court of Westchester county reversed on the law, without costs, and motion denied upon the ground that the relationship of debtor and creditor existed between the executors and the bank. Findings reversed. Kapper, Hagarty and Tompkins, JJ., concur: Young and Seudder, JJ., dissent and vote to affirm on opinion of Surrogate Slater. [140 Misc. 14.]