Legal Opinion

Scovel v. Roosevelt

New York Surrogate's Court

Decided February 15, 1881PublishedCited by 3 opinions

This was a hearing of objections, filed by Marcia O. R. Scovel and Frederick Roosevelt, children and beneficiaries under the will of decedent, to the account rendered by the surviving trustee under said will, on his second annual accounting.

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This was a hearing of objections, filed by Marcia O. R. Scovel and Frederick Roosevelt, children and beneficiaries under the will of decedent, to the account rendered by the surviving trustee under said will, on his second annual accounting. The facts, as agreed upon, were that the testator", by his will, gave to his executors, and the survivors and survivor of them, all of his residuary estate in trust, to divide the same into as many shares of equal value as he might have children living at his decease, and to set apart one of such shares for each child, to be invested in the names of Ms…

1Opinion of the Court

The Surrogate.

The only question to be considered, under the objections filed herein, seems to be whether the two life tenants are respectively entitled to the three months’ additional interest upon the five-twenty bonds, from the date of the exchange, and allowed to the trustee under the offer of the United States Government, and also to the interest received by the trustee upon the four per centum consols for the .same period of time, and if not so entitled, then to how much and what parts thereof.

Under the terms and conditions of the will, the trustee is authorized and directed “to receive…

2Cases cited2 opinions

  1. Clarkson v. ClarksonNew York Supreme Court · 1855
  2. Townsend v. United States Trust Co.New York Surrogate's Court · 1877

3Cited by3 opinions

  1. In re GerryNew York Court of Appeals · 1886
  2. In re the Estate of GoldwaterNew York Surrogate's Court · 1940
  3. In re the Judicial Settlement of the Account of Bucklin & ClarkNew York Surrogate's Court · 1891

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