Wilmerding v. . McKesson
New York Court of Appeals
Cross-appeals from judgment of General Term of the Supreme Court, in the first judicial department, entered upon an order made October 27, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Cross-appeals from judgment of General Term of the Supreme Court, in the first judicial department, entered upon an order made October 27, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The defendant McKesson was negligent in taking part in the discharge of securities which were being paid off and allowing the funds to accumulate in the hands, not simply of a co-executor or co-guardian, but of a business firm of which the…
1Opinion of the CourtMiller, J.
This action was instituted by the plaintiff against the defendants for the purpose of making them liable as executors and trustees of the estate of William E. Wilmer-ding, deceased, who was the father of plaintiff, and as guardians of his minor children, upon rendering an account of their proceedings, for an alleged loss incurred to the plaintiff’s interest in said estate.
Two other persons were named as executors and trustees in the will in addition to the defendants, one of whom is dead and the other has taken no part in the administration of the estate.
At the time of the testator’s death he…
2Cases cited6 opinions
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Sherman v. . ParishNew York Court of Appeals · 1873
- McCabe v. . FowlerNew York Court of Appeals · 1881
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Deobold v. . OppermannNew York Court of Appeals · 1888
- In Re the Accounting of NilesNew York Court of Appeals · 1889
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- St. Paul Trust Co. v. StrongSupreme Court of Minnesota · 1901
- Bruen v. . GilletNew York Court of Appeals · 1889
31 more not listed; retrieve them via the Exa API.