MATTER OF TREVOR


282 A.D. 451 (1953)

In the Matter of the Public Administrator of The County of New York, as Administrator of The Estate of James Trevor, Deceased, Respondent. Manufacturers Trust Company, Appellant

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

July 7, 1953.


Attorney(s) appearing for the Case

William J. Granger of counsel (Judson W. Pearl with him on the brief; Simpson Thacher & Bartlett, attorneys), for appellant.

Joseph T. Arenson for respondent.

DORE, J. P., and BREITEL, J., concur with BERGAN, J.; CALLAHAN, J., dissents and votes to reverse the decree and dismiss the proceedings, in opinion.


BERGAN, J.

The Manufacturers Trust Company had on deposit in a special interest account under the name of "Earl Clifford" the sum of $1,083.50. On April 24, 1949, the decedent James Trevor died intestate. In his lifetime he had received public assistance from the department of welfare of the city of New York in excess of $6,000. Letters of administration were issued to the Public Administrator and a claim for reimbursement for the expenditure of relief...

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