CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


EX PARTE WORCESTER COUNTY NATIONAL BANK OF WORCESTER, 279 U. S. 347 (1929)

Subscribe to Cases that cite 279 U. S. 347 RSS feed for this section

U.S. Supreme Court

Ex Parte Worcester County National Bank of Worcester, 279 U.S. 347 (1929)

Ex Parte Worcester County National Bank of Worcester

No. 469

Argued April 11, 1929

Decided May 13, 1929

279 U.S. 347

Syllabus

The Act of February 25, 1927, provides that any national bank may be consolidated with any state bank or trust company under the charter of the national bank; that, upon such consolidation, all the rights, franchises and interests in property of the state corporation shall be deemed transferred to and vested in the national bank; that the consolidated national bank

"shall hold and enjoy the same and all rights of property, franchises, and interests including the right of succession as trustee, executor, or in any other fiduciary capacity in the same manner and to the same extent as was held and enjoyed"

by the state corporation, but that no such consolidation shall be in contravention of the law of the state under which such state bank or trust company was incorporated.

Held:

1. That the Act enjoins upon a consolidated national bank complete conformity with the state law in its conduct of estates of deceased persons when acting as trustee or administrator thereof. P. 279 U. S. 360.

2. Where the highest state court decided that, under the state law, a national bank with which a local trust company had been consolidated under the Act did not succeed to an executorship held by the trust company and could not render an account of the estate, except as executor de son tort, because the consolidation had ended the existence of the trust company and the bank, being a different entity, could not rightfully represent the estate without a new appointment from the probate court, this decision, as to the state law, should be followed by the Court. P. 279 U. S. 359.

3. To conform with the state law, under the Act of Congress, the bank, in order to represent and administer the estate, should apply for an appointment by the probate court. P. 279 U. S. 359.

23 Mass. 444 affirmed.

Appeal from a judgment entered by the Probate Court for Worcester County, Massachusetts, in accordance with a rescript from the Supreme Judicial Court dismissing the appellant's petition for allowance of its account as executor under a will. chanroblesvirtualawlibrary

Page 279 U. S. 353





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED