Legal Opinion
In re the Estate of Schmidt
New York Surrogate's Court
Decided May 27, 1937PublishedCited by 5 opinions
1Opinion of the Court
Foley, S.
This is a motion brought on by the trustee for reargument of a motion to dismiss the amended objections to the account. By my prior decision (163 Misc. 610) I granted the motion to strike out certain objections on the ground that the prior decree of March 25,1933, was res judicata as to the matters covered by such objections. I denied the motion to strike out the objection relating to the investment in the so-called Kinsley mortgage in the sum of $20,000 on the property located in Mt. Kisco, N. Y. As to such investment, the surrogate pointed out that the former account erroneously…
2Cases cited12 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Matter of Union Trust Co. (Hoffman Estate)New York Court of Appeals · 1916
- In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- In Re the Accounting of Central Hanover Bank & Trust Co.New York Court of Appeals · 1935
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3Cited by5 opinions
- In re the Accounting of Lawyers Trust Co.New York Surrogate's Court · 1943
- In re the Accounting of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1952
- In re the Estate of KramerNew York Surrogate's Court · 1939
- In re the Estate of WilletsNew York Surrogate's Court · 1939
- In re the Estate of DimondNew York Surrogate's Court · 1937