Legal Opinion
In re the Estate of Davies
New York Surrogate's Court
Decided February 3, 1950PublishedCited by 14 opinions
1Opinion of the Court
Collins, S.
In Matter of Ottman (197 Misc. 645) this court applied what has heretofore been considered the well-established rule that a trustee is not permitted to charge against trust income an amount to offset the depreciation of real property held in trust, unless the will of the testator discloses an intent that such a reserve be maintained. The pending proceeding raises again that identical question. The parties concede that there is nothing in this will that manifests any intent to require such a reserve, and it would ordinarily be sufficient to dispose of the issue merely by reaffirming…
2Cases cited26 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Freuler v. HelveringSupreme Court of the United States · 1934
- Lindheimer v. Illinois Bell Telephone Co.Supreme Court of the United States · 1934
- People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
- Stevens v. . MelcherNew York Court of Appeals · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Trust Created by WarnerSupreme Court of Minnesota · 1962
- Holmes, Trustee v. HrobonOhio Court of Appeals · 1951
- In re the Accounting of HerzNew York Surrogate's Court · 1957
- Shilowitz v. ShilowitzNew Jersey Superior Court Appellate Division · 1971
- In re the Estate of HalperinNew York Surrogate's Court · 1951
9 more not listed; retrieve them via the Exa API.