In Re the Judicial Settlement of the Accounts of Jones
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 22, 1885, which affirmed a decree of the surrogate of■ the county of Westchester, settling the accounts of the executors of the will of David Jones, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 22, 1885, which affirmed a decree of the surrogate of■ the county of Westchester, settling the accounts of the executors of the will of David Jones, deceased. The facts, so far as material, are stated in the opinion. The word “ profits ” is defined as • the gain which is made upon any business when both receipts and payments are taken into account. (People v. Suprs., 4 Hill, 23.) The executor’s account is erroneous in charging against income all expenditures…
1Opinion of the CourtMiller, J.
The questions in this case arose on the final accounting of the testator’s executors before the surrogate of Westchester county, and affect the construction to be placed upon portions of his will.
The testator before his death was extensively engaged in the business of brewing ale and beer in the city of Hew York and vicinity, and by his will authorized and empowered his executors to continue his business for such time after his decease as they should think most advantageous to his estate, and he gave directions as .to the management thereof, and the distribution of the profits arising from…
2Cited by18 opinions
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- In re GorraNew York Surrogate's Court · 1929
- In re the Accounting of PershanNew York Surrogate's Court · 1949
- In re the Estate of EdgarNew York Surrogate's Court · 1935
- In re the Judicial Settlement of the Account of Bankers Trust Co.New York Surrogate's Court · 1927
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