MATTER OF BANK OF NEW YORK


282 A.D. 690 (1953)

In the Matter of the Accounting of Bank of New York (Formerly Known as Bank of New York and Fifth Avenue Bank), as Trustee under The Will of Peter A. H. Jackson, Deceased, and under The Will of Esther H. Tremain, Deceased, Respondent Roosevelt Hospital et al., Appellants; Attorney-General of the State of New York, Respondent

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

June 30, 1953.


Per Curiam.

The will granted the trustees certain specific powers. Of those powers it provided, by an omnibus summary, that "my Trustees shall have the power and authority herein given".

But the testatrix had more power in mind to be exercised by the trustees than the "authority herein given", because she used language in context aimed in the direction of enlargement. She said: "as well as * * * that conferred by statute or otherwise lawfully existing...

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