Legal Opinion

Leask v. Beach

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1916PublishedCited by 20 opinions

Appeal by the defendants, Ella D. Garside and others, from part of a judgment of the Supreme Court in favor of the plaintiffs and certain of the defendants, entered in the office of the clerk of the county of New York on the 19th day of April, 1915, upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

This appeal presents only a question respecting the commissions properly recoverable by the respondents as trustees under the will of Hudson Hoagland, deceased. The first question arises under the 18th clause of the will, and has to do with a claim by the trustees, who were also executors, for triple commissions upon a part of the estate disposed of by that clause, which reads as follows:

“Eighteenth. I give and bequeath to my executors hereinafter named or the survivor of them, the sum of Four hundred and forty thousand dollars ($440,000), in trust, however, to invest and keep the…

2Cases cited2 opinions

  1. In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
  2. In re the Judicial Settlement of the Account of Proceedings of ZieglerAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by20 opinions

  1. In re the Estate of AbrahamsNew York Surrogate's Court · 1930
  2. In Re the Accounting of WildNew York Court of Appeals · 1932
  3. In re the Estate of JacksonNew York Surrogate's Court · 1930
  4. In re the Transfer Tax upon the Estate of VanneckAppellate Division of the Supreme Court of the State of New York · 1916
  5. In re the Estate of FarollNew York Surrogate's Court · 1963

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API