MATTER OF EMERY


199 Misc. 396 (1951)

In the Matter of the Accounting of Irving Miller et al., as Executors of Henry G. Schackno, Deceased Trustee, and Bankers Trust Company, as Surviving Trustee under The Will of Charles G. Emery, Deceased.

Surrogate's Court, Jefferson County.

March 28, 1951.


Attorney(s) appearing for the Case

Oudin, Kilbreth & Schackno for petitioners.

John W. Kellogg, special guardian.


WRIGHT, S.

In this accounting proceeding the Bankers Trust Company, as surviving trustee, seeks determination as to its powers of investment in the light of the present statute prescribing trust investments.

Although the testator's death occurred in 1915, if the will were silent as to investment powers, there would be no question that the trustee's present powers are those now prescribed by section 21 of the Personal Property Law. It seems to...

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