Farmers' Loan Trust Co. v. . Pendleton
New York Court of Appeals
Appeal from a judgment of. the Appellate Division of the Supreme Court in the first judicial department, entered January 20,1904, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought solely to obtain an accounting by the defendant as the executrix of John M. Pendleton, deceased, who was an executor and trustee under the will of his father, William S. Pendleton.
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Appeal from a judgment of. the Appellate Division of the Supreme Court in the first judicial department, entered January 20,1904, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought solely to obtain an accounting by the defendant as the executrix of John M. Pendleton, deceased, who was an executor and trustee under the will of his father, William S. Pendleton. William S. Pendleton died in the state of Florida before March 3, 1879, leaving a last will and testament, which on that day was admitted to probate at Boston, Massachusetts, lie left…
1Opinion of the CourtMartin, J.
The unanimous affirmance by the Appellate Division of the judgment entered in this case has eliminated from our consideration several important and interesting questions which were presented upon the argument and by the briefs of counsel. The facts, so far as they were found by the trial court, must be regarded as conclusively established and cannot be reviewed here. Assuming those facts, the important question is whether they justify the judgment.
Upon the trial before the court, which resulted merely in an interlocutory judgment directing an accounting by the defendant, the findings were…
2Cases cited4 opinions
- Croft v. . WilliamsNew York Court of Appeals · 1882
- In Re the Accounting of HicksNew York Court of Appeals · 1902
- Bruen v. . GilletNew York Court of Appeals · 1889
- In re RyallsNew York Supreme Court · 1894
3Cited by5 opinions
- Braman v. BramanAppellate Division of the Supreme Court of the State of New York · 1932
- Farmers' Loan & Trust Co. v. PendletonAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of BrunnerNew York Surrogate's Court · 1966
- In re the Estate of BarrettNew York Surrogate's Court · 1954
- In re the Estate of PollockNew York Surrogate's Court · 1915