In re the Judicial Settlement of the Account of Proceedings of Kingsbury
Appellate Division of the Supreme Court of the State of New York
Appeal by Maude Ogden Heath Jessup and others from part of a decree of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 7th day of October, 1919, judicially settling the account of the respondent, Howard Thayer Kingsbury, as executor and trustee of Samuel Frost, deceased, and also from an order entered in the office of said surrogate on the 29th day of July, 1919, denying a motion of the appellants for a trial of certain issues.
1Opinion of the Court
Greenbaum, J.:
The grandchildren of the testator, Samuel Frost, appeal from a decree of the surrogate entered upon the accounting of Howard T. Kingsbury as executor and trustee under the testator’s will. The decree directed the payment to one Alice C. B. Kingsbury, of substantially-the entire undistributed portion of a trust fund created under the will of the testator, upon the ground that she was the sole heir at law, by adoption, of Emma F. Bussing, a daughter of the testator.
The salient facts will be briefly stated. Samuel Frost, the testator, died in New York city in March, 1888, leaving a…
2Cases cited5 opinions
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Dodin v. . DodinNew York Court of Appeals · 1900
- Theobald v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
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- In re the Accounting of YoungNew York Surrogate's Court · 1953
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