Legal Opinion

In re the Judicial Settlement of the Account of Ryer

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

Decided June 7, 1907PublishedCited by 3 opinions

■ Appeal by .John B. Byér, as executor, etc., from a. decree of the Surrogate’s Court of the county of New York, entered in-sáici.'Surrogate's Court - on the 26th day of February, 1907, adjudging him to he guilty of contempt of -court. ■

1Opinion of the Court

Lambert, J.:

John'B. Byer, the appellant, was the executor appointed by the' will of Ellen. A. Wilkinson,, deceased. ■ The will likewise- named Gr. De Witt Clocke and Bolland.B; -Archer as testamentary trustees. The executor, in the discharge of his duties, collected moneys aggregating-about $29,000, and this sum he' reinvested in certain bonds and mortgages, believing that he had the right to make such rein-vestments. Upon the final accounting the decree of the Surrogate’s Court directed that-the executor pay over to the testamentary trustees the sum of $27,435.-67, such trustees-having…

2Cases cited1 opinion

  1. In re the Judicial Settlement of the Account of RyerAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. In re the Judicial Settlement of the Accounts of GarrabrantAppellate Division of the Supreme Court of the State of New York · 1917
  2. In re the Accounting of NickersonNew York Surrogate's Court · 1944
  3. In re the Accounting of Central Hanover Bank & Trust Co.New York Surrogate's Court · 1945

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