Bates v. Underhill
New York Surrogate's Court
The testator died in 1862, seized of a farm, called the homestead, consisting of about 100 acres, and also of another parcel of land, containing about sixty acres, known as the quarry farm.
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The testator died in 1862, seized of a farm, called the homestead, consisting of about 100 acres, and also of another parcel of land, containing about sixty acres, known as the quarry farm. He also left assets amounting, as shown by the inventory, to nearly $11,000. By his will, which was admitted to probate in January, 1863, he devised the homestead farm, situated in East Chester, together with the stock and farming utensils thereon, to his executor's, in trust, to receive the rents, issues and profits thereof and apply the same to the use of his brother, Alfred S. Bates, during his life,…
1Opinion of the Court
The Surrogate.
While the surviving executor has, doubtless, intended to discharge properly the duties of his trust, there has been gross mismanagement, of the estate on the part of his co-executor. It is sought to hold the former liable for the loss occasioned thereby. His counsel seeks to shield him from *369such liability by invoking the familiar rule that one executor shall not be answerable for the devastavit of his associate, unless he shall have, in some way, contributed to it. That rule is applicable to simple executors. Here, however, the executors were also constituted trustees of an…
2Cases cited7 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Ackerman v. EmottNew York Supreme Court · 1848
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
- Decker & Tyson v. MllerNew York Court of Chancery · 1830
- Garniss v. GardinerNew York Court of Chancery · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- In Re the Accounting of GillNew York Court of Appeals · 1910
- Chamberlin v. . GleasonNew York Court of Appeals · 1900
- Dixon v. StormNew York Surrogate's Court · 1881
- In re the Estate of McCartyNew York Surrogate's Court · 1936
1 more not listed; retrieve them via the Exa API.