Legal Opinion

In re the Judicial Settlement of the Accounts of McDowell

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1918PublishedCited by 6 opinions

Separate appeals by Boyd McDowell and others, as executors, and individually and as testamentary trustees, from a decree of the Surrogate’s Court of the county of Chemung, entered in the office of said Surrogate’s Court on the 25th day of February, 1918, settling the accounts herein, with notice of an intention to bring up for review the decision of the surrogate in the proceeding.

1Opinion of the Court

John M. Kellogg, P. J.:

The decree settles the accounts of the executors and trustees. The executors, however, have appealed from the decree, and the trustees have brought a separate appeal. The case was before us in 178 Appellate Division, 243, where we concluded, among other things, that the duties of the executors and trustees coexisted, and sent the account back for settlement on that theory. It appeared then, and appears now, that but one bank account was kept’ and but one set of books. For some reason there has been a persistent attempt, on this accounting, to separate the accounts of…

2Cited by6 opinions

  1. In re NewhoffAppellate Division of the Supreme Court of the State of New York · 1985
  2. Newhoff v. Rankow, Cohen & Isaac, P. C.New York Surrogate's Court · 1980
  3. In re the Estate of ClarkNew York Surrogate's Court · 1938
  4. In re the Estate of PoulsonNew York Surrogate's Court · 1935
  5. In re the Judicial Settlement of the Second Intermediate Account of DeckerAppellate Division of the Supreme Court of the State of New York · 1922

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