MATTER OF LUCKENBACH


278 A.D. 114 (1951)

In the Matter of the Accounting of Edgar F. Luckenbach, as Trustee under The Will of Lewis Luckenbach, Deceased Lewis Luckenbach et al., Appellants; Edgar F. Luckenbach, Jr., et al., Respondents

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

April 2, 1951.


Attorney(s) appearing for the Case

Francis A. McGrath and Philip Barnett for motion.

Roscoe H. Hupper opposed.

Robert W. Owens, Jr., opposed.

CARSWELL, Acting P. J., SNEED, WENZEL and MacCRATE, JJ., concur; JOHNSTON, J., not voting.


Per Curiam.

This is a motion for reargument of a prior motion to dismiss the appeal; to resettle an order dated March 5, 1951, which dismissed the appeal, and for leave to appeal to the Court of Appeals.

The motion for reargument is granted. Upon reargument the prior determination to dismiss the appeal is adhered to and the motion, in all other respects, is denied, without costs.

In 1906, the will of...

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