Legal Opinion

In re the Judicial Settlement of the Account of Boyle

New York Surrogate's Court

Decided March 15, 1917PublishedCited by 2 opinions

1Opinion of the Court

Ketcham, S.

This accounting presents the question whether the disbursements of a trustee for premiums upon a bond given by him pursuant to the decree of his appointment and for the rent of a safe deposit box leased by him, under direction of the court, are chargeable to the income, which is payable to a beneficiary for life, or to the principal which is . devised in remainder.

The rule as to taxes, repairs and other items strictly for the preservation of the subject of the trust is that 'they are to be paid from the income, unless it be exonerated by the expression or intimation of the will.…

2Cited by2 opinions

  1. In re the Judicial Settlement of the Accounts of FrostAppellate Division of the Supreme Court of the State of New York · 1918
  2. In re the Estate of WalshNew York Surrogate's Court · 1939

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