Legal Opinion

In re the Estate of Baxter

New York Surrogate's Court

Decided May 16, 1936PublishedCited by 8 opinions

1Opinion of the Court

Delehanty, S.

In this accounting proceeding the special guardian objects to a claim by the trustee for credit for a loss of capital. The item in question is a $16,000 mortgage which is now listed as of no value. The proof shows that the property covered by the mortgage was originally a multi-family house of a poorer tenement type located in the upper east side district of Manhattan. The building has been demolished pursuant to official order therefor because it became unsafe due to vandalism. The land apparently has a value now of about the total of accumulated and unpaid land taxes. The…

2Cases cited3 opinions

  1. In re the Estate of EgerNew York Surrogate's Court · 1931
  2. In re Biden's EstateNew York Supreme Court · 1895
  3. Linsly v. BogartNew York Supreme Court · 1895

3Cited by8 opinions

  1. President and Directors of Manhattan Co. v. KelbyCourt of Appeals for the Second Circuit · 1945
  2. Public Serv. Co. of Colo. v. Chase Manhattan BankDistrict Court, S.D. New York · 1983
  3. In re the Accounting of Chemical Bank & Trust Co.New York Surrogate's Court · 1954
  4. Todd v. CommissionerUnited States Board of Tax Appeals · 1941
  5. In re the Estate of PoillonNew York Surrogate's Court · 1937

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