Keyser v. Kelly
The Superior Court of New York City
Appeal by plaintiff from order refusing to grant costs to be paid out of the estate of defendant’s testator, the plaintiff having recovered judgment.
1Opinion of the Court
By the Court.—Freedman, J.
—At the time the defendant as executor of James Kelly, deceased, advertised for claims, the plaintiff, who had been appointed trustee of Klein’s estate as the successor of James Kelly, deceased, had, as such trustee, a legal claim against Kelly’s estate, arising from the improper investment by said James Kelly of part of the trust fund belonging to Klein’s estate. The liability was a strictly legal one, and the mere fact that plaintiffs’ appointment as trustee under the last will and testament of Adam Klein, deceased, had to be made by a court of equity, did not turn…
2Cases cited3 opinions
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Morgan v. SkidmoreNew York Supreme Court · 1869
- Sands v. CraftNew York Supreme Court · 1859