MATTER OF BROOKLYN TRUST CO.


276 A.D. 864 (1949)

In the Matter of the Accounting of Brooklyn Trust Company, as Trustee under The Will of Edwin F. Knowlton, Deceased, Respondent. Edwin Count Von Francken-Sierstorpff et al., Appellants; Samuel Goldstein, as Special Guardian for Michael M. D. Francken-Sierstorpff, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1949.


Order affirmed, without costs, but without prejudice to a new application for the same relief on all the evidence in appellants' possession.

The order appealed from did not represent an improvident exercise of discretion on the facts presented in the affidavits. While this court is not permitted to consider the new and additional facts presented because this is not an appeal on the facts from a final decree or order (Surrogate's Ct. Act, § 309), the appellants...

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