In re the Judicial Settlement of the Account of Proceedings of Mercantile Trust Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by The Mercantile Trust Company, as executor, etc., and by . Adelena Muhlenbach Smith, legatee, and Charles Stuart von Lutnow Smith, legatee,, from parts of a decree of the Surrogate’s Court of the county of Mew York, entered in the office of the clerk df said court on the 17th day óf October, 1911, settling the account of The Mercantile Trust Company, as executor.
1Opinion of the Court
Clarke, J.:
The decree charged the trust company, as executor, with the net proceeds of the sales of 2,500 shares of Anaconda Mining Company stock actually sold, and with the value as of July 8, 1907, of 2,700 additional shares of such stock at $60.35 a share, although not sold at that time, nor at that price. Upon the sum of $64,265, the principal of the account as restated, the executor is charged with interest at four per cent from July 9, 1907, to June 10, 1909. From June 10,1909, the decree charges the executor with interest at four per cent on $62,598.71 principal and on $5,411.71…
2Cases cited5 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- Thompson v. BrownNew York Court of Chancery · 1820
- In re the Estate of HirschAppellate Division of the Supreme Court of the State of New York · 1906
- McRae v. McRaeNew York Surrogate's Court · 1855
3Cited by9 opinions
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
- In Re Trust Under Will of ComstockSupreme Court of Minnesota · 1945
- Beam v. Paterson Safe Deposit & Trust Co.Supreme Court of New Jersey · 1914
- Fortune v. First Trust Co.Supreme Court of Minnesota · 1937
- In re the Judicial Settlement of the Account of TitusNew York Surrogate's Court · 1914
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