MATTER OF KINGSTON TRUST CO.


12 A.D.2d 856 (1961)

In the Matter of the Accounting of Kingston Trust Company, as Executor of John T. Washburn, Deceased, Appellant. Trinity Episcopal Church et al., Appellants; Irving E. Ribsamen, Jr., Respondent

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

January 17, 1961


Appellants were permitted to attack collaterally the County Court order of 1923 which allowed and confirmed the adoption by testator and his wife of one Ruth Turner, who predeceased testator, leaving respondent her sole issue; the ground of invalidity urged being the alleged omission from the order of the recital as to the absence of a "lawful" custodian required by subdivision 4 of section 111 of the Domestic Relations Law as then constituted (L. 1909, ch. 19), which provided...

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