Beard v. . Beard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of defendants entered upon the report of a referee. This action was brought by plaintiffs as executors and trustees under the will pf William Beard for the judicial settlement of their accounts. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of defendants entered upon the report of a referee. This action was brought by plaintiffs as executors and trustees under the will pf William Beard for the judicial settlement of their accounts. The facts, so far as material, are stated in the opinion. The trustees are entitled to commissions upon their necessary disbursements made in conducting the storage and wharfage business at Erie basin. (Code Civ. Pro. § 2737;…
1Opinion of the CourtEarl, J.
William Beard died January 8, 1886, in the city of Brooklyn, leaving a will by which he disposed of a large estate. Among the property disposed of was what is called the Erie Basin property, and that property he directed his executors and trustees to keep, improve and manage, and to carry on the business connected therewith as freely and fully as he could if living. The trustees took possession of that property and thereafter managed it and carried on business thereon. The will contained directions as to the disposition of the income from the property and business, which were substantially…
2Cases cited5 opinions
- In re Hayden's EstateNew York Supreme Court · 1889
- Hancox v. . MeekerNew York Court of Appeals · 1884
- In re KelloggNew York Court of Chancery · 1838
- Drake v. . PriceNew York Court of Appeals · 1851
- Price v. . HolmanNew York Court of Appeals · 1892
3Cited by51 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- Lamar v. LamarSupreme Court of Georgia · 1903
- In re the Judicial Settlement of the Final Account of Proceedings of LesterAppellate Division of the Supreme Court of the State of New York · 1916
- In Re Estate of MillsSupreme Court of Missouri · 1942
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