ERDHEIM v. MABEE


279 A.D. 988 (1952)

Irving I. Erdheim et al., Judgment-Creditors-Respondents, v. Elizabeth K. Mabee, Judgment Debtor. City Bank Farmers Trust Company, as Cotrustee under The Will of Thomas J. Ryan, Deceased, Third-Party Appellant, et al., Third Party

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

April 15, 1952.


In the circumstances of this trust, we would regard personal service on the City Bank Farmers Trust Company, having custody of the trust res here, and actual notice to the nonresident trustee, as a presentment of the execution under the statute. The order appealed from should be affirmed, with $20 costs and disbursements to respondent.

VAN VOORHIS, J. (dissenting).

This appeal involves the power of the courts of New York to garnishee the...

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