Legal Opinion

Ward v. Ford

New York Surrogate's Court

Decided May 15, 1879PublishedCited by 10 opinions

Motion to confirm auditor’s report on final accounting of testamentary trustees. The accounts referred were those of Henry W. Ford, as trustee under the will of Augustus H. Ward, and of James W. Gr. Clements, as trustee under the same will. The accountings were consolidated.

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Motion to confirm auditor’s report on final accounting of testamentary trustees. The accounts referred were those of Henry W. Ford, as trustee under the will of Augustus H. Ward, and of James W. Gr. Clements, as trustee under the same will. The accountings were consolidated. The auditor reported among other things that the estate held two mortgages, one made by the trustee Clements and his wife to the testator, for §11,000, payable on the 27th September, 1868, on 19 Amity street; the other, a prior mortgage by the same parties on the same premises, for $3,000, payable 1st May, 1852, acquired…

1Opinion of the Court

The Surrogate.—By section 71 of 3 R. S., 101 (6 ed.), it is provided, that on the settlement of the account of an executor or administrator, the Surrogate shall allow to him for his services, and if there be more than one, shall apportion according to the services rendered, over and above his or their expenses, for receiving and payirg out any sum not to exceed $1,000, at five per cent., or any sum exceeding $1,000, and not amounting to $10,000, at two and a half per cent., and for all sums above $10,000, one per cent., together with actual and necessary expenses. If the personal estate…

2Cases cited15 opinions

  1. Meacham v. SternesNew York Court of Chancery · 1842
  2. Valentine v. ValentineNew York Court of Chancery · 1847
  3. Wagstaff v. LowerreNew York Supreme Court · 1856
  4. In re KelloggNew York Court of Chancery · 1838
  5. Drake v. . PriceNew York Court of Appeals · 1851

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3Cited by10 opinions

  1. Johnson v. . LawrenceNew York Court of Appeals · 1884
  2. In re RooseveltNew York Surrogate's Court · 1882
  3. Hall v. CampbellNew York Surrogate's Court · 1882
  4. In re the Judicial Settlement of the Accounts of BrintnallNew York Surrogate's Court · 1903
  5. Rowland v. MorganNew York Surrogate's Court · 1885

5 more not listed; retrieve them via the Exa API.

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