In re the Judicial Settlement of the Account of McInerney
New York Surrogate's Court
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
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- In re Valentine's EstateNew York Surrogate's Court · 1893
3Cited by2 opinions
- In re the Accounting of TerryNew York Surrogate's Court · 1956
- In re the Judicial Settlement of the Account of WeedNew York Surrogate's Court · 1913