Legal Opinion

In re the Judicial Settlement of the Account of McInerney

New York Surrogate's Court

Decided February 15, 1909PublishedCited by 2 opinions

Proceeding upon the settlement of accounts of testamentary; trustees. ' ’

1Opinion of the Court

Ketcham, S.

In the settlement of the accounts of testamentary trustees it is claimed that, upon the sale of real estate, pursuant to a power of sale in the will, a trustee, who is one of the seven beneficiaries under the will, joined with three other beneficiaries in the purchase of a portion of the real es*115tate, in part for Ms own interest and profit, and that he should account for any injury inflicted upon the estate by his acts in this regard.

• The court has no jurisdiction of the question thus presented. It is of equitable cognizance and belongs exclusively to a court of general equity…

2Cases cited2 opinions

  1. In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
  2. In re Valentine's EstateNew York Surrogate's Court · 1893

3Cited by2 opinions

  1. In re the Accounting of TerryNew York Surrogate's Court · 1956
  2. In re the Judicial Settlement of the Account of WeedNew York Surrogate's Court · 1913

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