Olcott v. . Baldwin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1906, modifying and affirming as modified a judgment of the Special Term in an action for an accounting. The facts, so far as material, are stated in the opinion. The said Theodore F. Yail and William D. Baldwin are not entitled to compensation as trustees; that is, to double compensation.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1906, modifying and affirming as modified a judgment of the Special Term in an action for an accounting. The facts, so far as material, are stated in the opinion. The said Theodore F. Yail and William D. Baldwin are not entitled to compensation as trustees; that is, to double compensation. (McAlpine v. Potter, 126 N. Y. 285; Johnson v. Lawrence, 95 N. Y. 154; Matter of Clinton, 12 App. Div. 132 ; Matter of Reed, 45 App. Div. 196; Matter of Hogarty, 62 App. Div. 79; Matter…
1Opinion of the CourtChase, J.
Nahum Sullivan died September 26th, 1884, a resident of the state of New Jersey leaving a will which was duly admitted to probate in the Orphans’ Court of Essex county, New Jersey, October 20th, 1884, and letters testamentary were issued by said court to Theodore F. Vail and William- B. Baldwin. By his will he made certain specific bequests. lie also gave to his only daughter a legacy “of five thousand dollars in cash to be paid immediately after my decease to enable her to meet necessary expenses incurred before the payment to her of the income of my estate as hereinafter directed.” lie also…
2Cases cited17 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Hurlburt v. . DurantNew York Court of Appeals · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
- In re FlanaganNew York Surrogate's Court · 1929
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
32 more not listed; retrieve them via the Exa API.