Matter of Runk
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1910, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant, as a surrogate of the county of New York, to entertain a proceeding for an accounting of the acts of the petitioner as trustee and -to issue a citation accordingly. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1910, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant, as a surrogate of the county of New York, to entertain a proceeding for an accounting of the acts of the petitioner as trustee and -to issue a citation accordingly. The facts, so far as material, are stated in the opinion. The surrogate has jurisdiction to entertain the proceedings by a substituted trustee appointed by the Supreme Court on an accounting…
1Opinion of the CourtWerner, J.
The question to be decided upon this appeal is whether the Surrogate’s Court has power to entertain a proceeding for the judicial settlement of the accounts of a trustee appointed, by the Supreme Court, as the successor of a deceased testamentary trustee named in a will. Before proceeding to discuss comprehensively the general question thus stated it will be useful to recite briefly the facts upon which it arises in the case at bar.
One Annie Joy died leaving a last will and testament in which she nominated two executors. Upon the death of one of these executors another was appointed to fill…
2Cases cited10 opinions
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
- Matter of CarpenterNew York Court of Appeals · 1892
- Pew v. HastingsNew York Court of Chancery · 1846
- Jewett v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1903
- Faile v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by43 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- State Ex Rel. Lopez v. KilligrewIndiana Supreme Court · 1931
- In re FlanaganNew York Surrogate's Court · 1929
- In re the Estate of ErlangerNew York Surrogate's Court · 1930
- In re the Estate of JamesNew York Surrogate's Court · 1940
38 more not listed; retrieve them via the Exa API.