MATTER OF ACHESON


28 N.Y.2d 155 (1971)

In the Matter of the Final Accounting of Morgan Guaranty Trust Company of New York, as Trustee under an Indenture of Trust Made by Margaret M. Acheson, Petitioner-Respondent. Helen F. Acheson et al., Respondents; Laura A. Dowell et al., Appellants.

Court of Appeals of the State of New York.

Decided April 7, 1971.


Attorney(s) appearing for the Case

Paul P. Cohen and Hilary P. Bradford for appellants.

Eugene P. Souther, James C. Quigley and Steven A. Ruskin for Bank of America National Trust & Savings Association as executor of Edward G. Acheson, III, deceased, respondent.

Joseph A. Byrne, Jr. and W. Bernard Carlson, Jr. for Helen F. Acheson, respondent.

Stephen A. Helman, guardian ad litem for Linda B. Acheson, an infant, respondent.

Judges SCILEPPI, BERGAN and GIBSON concur with Chief Judge FULD; Judge BREITEL dissents and votes to modify in a separate opinion in which Judges BURKE and JASEN concur.


CHIEF JUDGE FULD.

This appeal calls upon us to determine whether the order of a California court, which construed the will of a California domiciliary — who exercised a general power of appointment created by a New York trust indenture — is entitled to full faith and credit in this State.

In 1935, Margaret Maher Acheson, as settlor, and Morgan Guaranty Trust Company of New York, as trustee...

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