Linsly v. Bogert
New York Supreme Court
Appeal from judgment on report of referee. 0 Action by Wilford Linsly, as executor of John H. Linsly, deceased, against Stephen G-. Bogert, as trustee of Richard J. Morgan, deceased. The action was commenced by John H. Linsly, one of the trustees of the will of Richard J. Morgan, to be relieved from his trust, on account of ill health, and for an accounting.
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Appeal from judgment on report of referee. 0 Action by Wilford Linsly, as executor of John H. Linsly, deceased, against Stephen G-. Bogert, as trustee of Richard J. Morgan, deceased. The action was commenced by John H. Linsly, one of the trustees of the will of Richard J. Morgan, to be relieved from his trust, on account of ill health, and for an accounting. While the action was pending, John H. Linsly died, and his executor, the present plaintiff, was brought in as plaintiff by supplemental complaint. Judgment was entered in favor of plaintiff, and defendant appeals. The opinion of William…
1Opinion of the CourtVan Brunt, P. J.
We might very well rest our decision in affirming the judgment appealed from upon the exceedingly satisfactory opinion written by the learned referee upon the decision of the question involved before him. It may be well, however, to revert to one or two points in addition to those which have been considered by the referee. If the tenant for life, as matter of right, is entitled, as is claimed by the appellant, to the increase resulting from the rise in price of the securities in which the trust fund was invested, then it would seem to be a right existing in the life tenant, at any time when…
2Cited by3 opinions
- In re the Estate of EgerNew York Surrogate's Court · 1931
- Wood v. DavisSupreme Court of Georgia · 1929
- In re the Estate of OppenheimerNew York Surrogate's Court · 1936