In Re the Accounting of Kellogg
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1906, which affirmed a decree of the Erie County Surrogate’s Court judicially settling the accounts of the executors herein and adjudging that the fourth paragraph of the will of Edwin L. Burdick, deceased, is null and void, and that no trust powers or powers in trust or powers of management were bestowed or authorized by said will upon the executors as…
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1906, which affirmed a decree of the Erie County Surrogate’s Court judicially settling the accounts of the executors herein and adjudging that the fourth paragraph of the will of Edwin L. Burdick, deceased, is null and void, and that no trust powers or powers in trust or powers of management were bestowed or authorized by said will upon the executors as executors, trustees or otherwise, and further adjudging that said executors pay over to Alice II. Burdick, as guardian…
1Opinion of the Court
Cullen, Ch. J.
By the will of Edwin L. Burdick, deceased, he provided: “Fourth: I nominate and appoint Charles S. Parke and Risley Tucker to be guardians of the persons of my three children, and Augustus B. Kellogg, Géorge II. Dunston and George C. Miller to be the joint guardians of the estates of each of my three children, and I direct that all funds and securities belonging to each of my children shall be received, held and paid out by them jointly as such guardians.” The testator left him surviving three daughters, all infants, and a widow, the mother of said infants. Subsequent to his…
2Cases cited6 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Post v. . HoverNew York Court of Appeals · 1865
- Downing v. . MarshallNew York Court of Appeals · 1861
- Belmont v. . O'BrienNew York Court of Appeals · 1855
- Fullerton v. JacksonNew York Court of Chancery · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- New York Trust Co. v. BlackAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Judicial Settlement of the Account of ScovilleNew York Surrogate's Court · 1911
- In re the Judicial Settlement of the Intermediate Account of Van DerveerNew York Surrogate's Court · 1923
- In re the Estate of ChambersNew York Surrogate's Court · 1920
- People ex rel. DeLaney v. Mount St. Joseph's AcademyAppellate Division of the Supreme Court of the State of New York · 1921
20 more not listed; retrieve them via the Exa API.