Wildey v. Robinson
New York Supreme Court
Appeal from special term, New York county. Action by Pierre W. Wildey, as trustee, against Robert E. Robinson and Richard S. Emmet, as executors, and others, for the appointment of a trustee.
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Appeal from special term, New York county. Action by Pierre W. Wildey, as trustee, against Robert E. Robinson and Richard S. Emmet, as executors, and others, for the appointment of a trustee. From so much of a judgment as allows to defendants, the executors, commissions, and overrules the exception to the report of the referee allowing commissions, and also from so much of said judgment as directs the costs and allowance should be charged wholly against the trust known as - the residuary estate trust, defendant Lucia L. Kearny appeals. Modified.
1Opinion of the CourtVan Brunt, P. J.
This action was brought for the appointment of a trustee to succeed Joseph R. Kearny, as trustee of the estate of Philip R. Kearny, deceased, and also to obtain a judicial settlement of the account of said deceased trustee. Upon the trial of the action the court appointed a new trustee, and ordered a reference for the purpose of taking and stating the accounts of the deceased trustee. The referee took the account of the deceased trustee, and exceptions were filed to the amount of certain commissions allowed by him and to the allowance of others. Upon this appeal it is sought to bring up' for…
2Cases cited1 opinion
- Johnson v. . LawrenceNew York Court of Appeals · 1884
3Cited by8 opinions
- Matter of RunkNew York Court of Appeals · 1911
- In re the Judicial Settlement of the Account of Proceedings, of UngrichNew York Surrogate's Court · 1921
- Forman v. YoungAppellate Division of the Supreme Court of the State of New York · 1915
- In re GuntherAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of AmusoNew York Surrogate's Court · 1958
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