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Matter of Luckenbach

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1951
278 App. Div. 706 (N.Y. App. Div. 1951)

Opinion

March 14, 1951.


Order denying motion of Carl Wente, appearing specially, to set aside purported service of citation on him individually and to dismiss petition as to him in his individual capacity, reversed on the law, without costs, and the motion granted, without costs. The purported service by publication is effective so far as concerns Wente as trustee. It is ineffectual as to Wente as an individual. ( Matter of Matheson, 265 N.Y. 81; 2 Scott on Trusts, § 268.) Moreover the petition seeks no relief against Wente individually. Nolan, P.J., Carswell, Adel and MacCrate, JJ., concur; Johnston, J., not voting.


Summaries of

Matter of Luckenbach

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1951
278 App. Div. 706 (N.Y. App. Div. 1951)
Case details for

Matter of Luckenbach

Case Details

Full title:In the Matter of the Accounting of EDGAR F. LUCKENBACH, as Trustee under…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 14, 1951

Citations

278 App. Div. 706 (N.Y. App. Div. 1951)