Legal Opinion
In re the Judicial Settlement of the Intermediate Account of Walter
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 1925PublishedCited by 11 opinions
1Opinion of the Court
Merrell, J.:
The decree of the surrogate adjudged that out of the cash balance of income the trustee herein retain the sum of $1,342.20 for his costs and disbursements as taxed on the accounting. In this respect the decree follows the report of the referee, to which the appellant took due exception.
It has long been the law in this State that the trust fund itself shall bear the expenses of administration and that no part thereof can be taken from income. (Woodruff v. N. Y., L. E. & W. R. R. Co., 129 N. Y. 27; Chisolm v. Hamersley, 114 App. Div. 565.) In the case last cited, Mr. Justice…
2Cases cited3 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- In re the Judicial Settlement of the Account of LydonAppellate Division of the Supreme Court of the State of New York · 1923
- Chisolm v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by11 opinions
- Bryant v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1950
- Bryant v. CommissionerUnited States Tax Court · 1950
- City Bank Farmers Trust Co. v. GreenNew York Supreme Court · 1936
- In re the Estate of MarvinNew York Surrogate's Court · 1929
- In re the Estate of ChapalNew York Surrogate's Court · 1934
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