Earle v. Earle
The Superior Court of New York City
Appeal by defendant, William P. Earle, from an interlocutory judgment rendered at special term, requiring him to account as executor and trustee. The facts as found by. the court are substantially as follows :— Morris Earle died May 7, 1859, leaving a large estate.
Read the full summary
Appeal by defendant, William P. Earle, from an interlocutory judgment rendered at special term, requiring him to account as executor and trustee. The facts as found by. the court are substantially as follows :— Morris Earle died May 7, 1859, leaving a large estate. He left him surviving his widow, Mary E. Earle, and seven children, Morris D. Earle, James Earle, William C. Earle, Mary E. Earle, afterwards the wife of John Jardine, and since deceased, Cornelia D. Earle, Ellen P. Earle, the wife of Charles H. Flagg, and Charles Earle. His will was admitted to probate by the surrogate of Hew York…
1Opinion of the CourtFreedman, J.
The law, it is true, makes a distinction between the office of executor and that of a testamentary trustee. It is the duty of an executor, as such, to collect in the property, to pay the debts and general legacies, and to ascertain the residuum either for distribution or for the constitution of a trust fund. It is the duty of a trustee to deal with real property in trust, and to invest and manage the particular trust fund arising from personal property, when ascertained and set apart as such in accordance with the directions of the will. But where the same person is appointed executor and…
2Cases cited13 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Beekman v. . BonsorNew York Court of Appeals · 1861
- Craig v. CraigNew York Court of Chancery · 1848
- Hanson v. WorthingtonCourt of Appeals of Maryland · 1858
- Wood v. . BrownNew York Court of Appeals · 1866
8 more not listed; retrieve them via the Exa API.