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ERBE v. LINCOLN ROCHESTER TRUST CO.

2 A.D.2d 242 (1956)

Gustav Erbe, Jr., Individually and as Executor and Trustee under The Will of Gustav Erbe, Deceased, et al., Appellants, v. Lincoln Rochester Trust Company, Individually and as Executor and Trustee under The Will of Gustav Erbe, Deceased, et al., Respondents

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

July 13, 1956.

Attorney(s) appearing for the Case

Matthew J. Shevlin and Harold G. Hutchens for appellants.

William H. Morris and Leonard S. Zartman for Lincoln Rochester Trust Company, individually and as executor and trustee, and another, respondents.

Wallace J. Wolf, Jr., for Wallace J. Wolf and another, respondents.

Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and BASTOW, JJ.

WHEELER, J.

This is an action in equity by various persons interested in the estate of Gustav Erbe, deceased, against the Lincoln Rochester Trust Company and certain individual defendants. The defendant Trust Company was both a creditor and an executor of the estate, which included a large block of the stock of the Yawman and Erbe Manufacturing Company. In July, 1943 the bank sold that stock to itself at public...

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