Matter of Bausch

In the Matter of Bausch, 280 A.D. 482, 490, 115 N.Y.S.2d 278 [4th Dept 1952], a trustee's accounts were judicially settled and approved by Surrogate's decree in 1931 and 1937. However, it did not appear in either of those accounts that the bank had purchased the mortgages from its own portfolio (id. at 486). Therefore, the court held that the trustee's failure to disclose its illegal self-dealing did not bar a subsequent objection based upon the non-disclosed self-dealing (id.)