Legal Opinion

In Re the Accounting of Johnson

New York Court of Appeals

Decided March 4, 1902PublishedCited by 19 opinions

Appeal from certain portions of an order of the Appellate Division of the Supreme Court in the fourth judicial department, made January 8, 1901, which modified and affirmed as 'modified a decree of the Wayne County Surrogate’s Court judicially settling the accounts of the respondents herein as executors of and trustees under the will of Carlton H. Rogers, deceased.

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Appeal from certain portions of an order of the Appellate Division of the Supreme Court in the fourth judicial department, made January 8, 1901, which modified and affirmed as 'modified a decree of the Wayne County Surrogate’s Court judicially settling the accounts of the respondents herein as executors of and trustees under the will of Carlton H. Rogers, deceased. On the 18th of August, 1884, Carlton H. Rogers, a resident of the village of Palmyra, died leaving him surviving a married daughter and her three sons, who were then infants, but are now of age. These four persons are the…

1Opinion of the CourtYann, J.

We unite with the learned courts below, in the conclusion that the respondents, as executors and trustees, managed the estate intrusted to their care with honesty, diligence and prudence. By their skill and foresight the scattered and doubtful securities were converted into safe investments, and, owing to their judicious administration, an estate which might have dwindled through hasty or imprudent action became large and flourishing. The order appealed from, in so far as it left undisturbed the acts of the respondents during their long period of service as executors and trustees, should be…

2Cases cited1 opinion

  1. People Ex Rel. Beaman v. . FeitnerNew York Court of Appeals · 1901

3Cited by19 opinions

  1. In Re the Accounting of the National City BankNew York Court of Appeals · 1932
  2. In re the Estate of WitkindNew York Surrogate's Court · 1938
  3. In re the Estate of AbrahamsNew York Surrogate's Court · 1930
  4. In Re the Accounting of WildNew York Court of Appeals · 1932
  5. In re the Estate of SaphirNew York Surrogate's Court · 1973

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