In re Westerfield
Appellate Division of the Supreme Court of the State of New York
Appeal, in the first above-entitled proceeding, by Thomas Rogers, one of the trustees under the last will and testament of Jason Rogers, deceased, from a decree of the Surrogate’s Court of the county of Westchester, made on the 21st day of February, 1898; and entered in said Surrogate’s Court, charging the trustees under the last will and testament of Jason Rogers, deceased, with the sums found due the estate under a former decree of said Surrogate’s Court, made on the 16th…
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Appeal, in the first above-entitled proceeding, by Thomas Rogers, one of the trustees under the last will and testament of Jason Rogers, deceased, from a decree of the Surrogate’s Court of the county of Westchester, made on the 21st day of February, 1898; and entered in said Surrogate’s Court, charging the trustees under the last will and testament of Jason Rogers, deceased, with the sums found due the estate under a former decree of said Surrogate’s Court, made on the 16th day of March, 1897, settling the accounts of said trustees up to and including tlje 1st day of .September, 1893, and…
1Opinion of the Court
Hatch, J.:
In refusing to exonerate Thomas Rogers from liability for the devastavit of the estate by his co-trustee Cauldwell, the learned surrogate held that the decree of. March 16,. 1897, conclusively established the liability of' Thomas Rogers to account for the assets then shown to have been in the possession of the trustees. The verified petition which accompanied the account stated that the trustees had possession and control o.f such assets, and the decree being founded upon such petition and account concluded Thomas Rogers from being heard to question the same. We agree with the…
2Cases cited10 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- In Re the Accounting of NilesNew York Court of Appeals · 1889
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re the Estate of RothkoNew York Court of Appeals · 1977
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Parker v. RogersonAppellate Division of the Supreme Court of the State of New York · 1975
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1901
11 more not listed; retrieve them via the Exa API.