Legal Opinion

In Re the Judicial Settlement of the Account of Rogers

New York Court of Appeals

Decided November 28, 1899PublishedCited by 43 opinions

Appeal by Jason Rogers and Jay S; Rogers, remaindermen, by the trustees, and by infants interested in the proceeding, from an order of the Appellate Division of the Supreme' Court in the second judicial department, entered December 6, 1897, affirming a decree of the Surrogate’s Court of Westchester county. The nature of the proceeding and the facts, so far as material, are stated in the opinion.

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Appeal by Jason Rogers and Jay S; Rogers, remaindermen, by the trustees, and by infants interested in the proceeding, from an order of the Appellate Division of the Supreme' Court in the second judicial department, entered December 6, 1897, affirming a decree of the Surrogate’s Court of Westchester county. The nature of the proceeding and the facts, so far as material, are stated in the opinion. A division of the assets of a corporation which has ceased to do business and sold its plant and all its property, and is in the process of liquidation preparatory to a final dissolution, is a…

1Opinion of the CourtHaight, J.

This proceeding was for an accounting before the surrogate by trustees. The facts are without substantial dispute, and are very clearly stated in the findings of the surrogate to which we refer for the details. For the purpose of presenting the question which we are called upon to review, they may be briefly stated as follows : Jason Rogers died in the town of Westchester on the 25th day of August, 1868, leaving a last will and testament in which he created three separate trusts for the benefit of his children during their lives with remainders to their issue. He named trustees, and of the…

2Cited by43 opinions

  1. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  2. Securities & Exchange Commission v. Harwyn Industries Corp.District Court, S.D. New York · 1971
  3. In Re the Accounting of Bankers Trust Company, as Trustee Under the Will of OtisNew York Court of Appeals · 1937
  4. Stewart v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1902
  5. Smith v. CottingMassachusetts Supreme Judicial Court · 1918

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