General
In the Matter of Westchester Trust Company, in Liquidation. Yonkers National Bank and Trust Company, as Committee of the Estate of George J. Erekson, an Incompetent, Appellant; Westchester Trust Company, Respondent
246 A.D. 546·New York Supreme Court, Appellate Division·1935·NY
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Opinion
In the Matter of Westchester Trust Company, in Liquidation. Yonkers National Bank and Trust Company, as Committee of the Estate of George J. Erekson, an Incompetent, Appellant; Westchester Trust Company, Respondent.
[MAJORITY]
Order denying the petitioner’s motion to compel the Westchester Trust Company, in liquidation, to pay to the committee alleged trust funds in different amounts affirmed, without costs. It does not appear from the record that the petitioner has followed the procedure prescribed by sections 72-76 of the Banking Law, as amended, and it is, therefore, unable to maintain an action or proceeding of this nature. Scudder, Tompkins, Davis and Johnston, JJ., concur; Lazansky, P. J., not voting.