Morgan v. Morgan
New York Surrogate's Court
Hearing of exceptions taken by Henry Morgan and others to the report of the referee, to whom were referred the issues arising upon their accounting as trustees under the will of decedent. A previous phase of this case is reported in 3 Dem., 612.
1Opinion of the Court
The Subrogate.
The referee, to whom were submitted the issues of this accounting proceeding, has found that the trustees are chargeable with simple interest, at six per cent., upon the moneys which, through the intervention of the Pigott mortgage, they borrowed from the trust fund in their hands, and applied to their personal uses and purposes. In deciding Morgan v. Morgan (3 Dem., 612), I held that, though the act of the trustees in effecting this loan was open to censure, it was not such an act as established their unfitness to perform the duties of their trust, and as merited their removal…
2Cases cited6 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Cook v. . LowryNew York Court of Appeals · 1884
- Dunscomb v. DunscombNew York Court of Chancery · 1815
- De Peyster v. ClarksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Ogilvie v. OgilvieNew York Surrogate's Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Butler's EstateNew York Surrogate's Court · 1888