Legal Opinion

New York Life Insurance & Trust Co. v. Kane

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 13 opinions

Appeal by the defendants, Walter A. Kane and De Lancey A. Kane, as executors, etc,, of Walter Langdon, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, and of .the defendants. Matthew Wilks, as executor,- etc., of- Eliza A. Wilks, deceased, and others, entered in the office of the clerk of the -county of New York on the 1st day of September, 1896, upon the report of a referee.

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Appeal by the defendants, Walter A. Kane and De Lancey A. Kane, as executors, etc,, of Walter Langdon, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, and of .the defendants. Matthew Wilks, as executor,- etc., of- Eliza A. Wilks, deceased, and others, entered in the office of the clerk of the -county of New York on the 1st day of September, 1896, upon the report of a referee. This is an action in equity brought to settle the plaintiff’s accounts ■as trustee and for final distribution of a trust fund created by the following deed of trust.: “ To all to…

1Opinion of the Court

O’Brien, J.:

The question to be determined on this appeal is that involved in the controversy between the defendants entitled by the terms of the trust deed to the principal of the trust estate, and the personal rej)resentatives and some of the legatees of Walter Langdon, who was entitled to the income, as to certain transfers from income to principal, and the charges against income of the amount of premiums paid for the government bonds upon the change of investment made during the trust term. It is urged that this question is to be resolved by some hard and fast rule, such as has been laid…

2Cases cited4 opinions

  1. Adair v. . BrimmerNew York Court of Appeals · 1878
  2. Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
  3. Farwell v. TweddleNew York Supreme Court · 1881
  4. Shaw v. CordisMassachusetts Supreme Judicial Court · 1887

3Cited by13 opinions

  1. McLouth v. . HuntNew York Court of Appeals · 1897
  2. In re the Judicial Settlement of the Account of Proceedings, of UngrichNew York Surrogate's Court · 1921
  3. Furniss v. CruikshankAppellate Division of the Supreme Court of the State of New York · 1920
  4. Kissam v. SquiresAppellate Division of the Supreme Court of the State of New York · 1905
  5. New York Life Insurance & Trust Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1899

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