Legal Opinion

In re the Estate of Emmerich

New York Surrogate's Court

Decided November 1, 1940PublishedCited by 5 opinions

1Opinion of the Court

Dodd, J.,

Acting Surrogate. This is a motion to dismiss certain objections to the account of a trustee in respect of its dealings with two trusts erected by the will of this decedent. They are of two general varieties, namely, first, in respect of the making and continuance of investments; and second, in respect of the proper allocation of certain charges incurred in the process of salvaging mortgage investments.

The substance of the objections of the first class is that the investments were improperly and carelessly made by the trustee and that it failed to take proper and judicious steps…

2Cases cited8 opinions

  1. In re the Judicial Settlement in the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1936
  2. In the Matter of the Estate of HoodNew York Court of Appeals · 1882
  3. In re the Estate of KirkmanNew York Surrogate's Court · 1932
  4. In re the Estate of MelzakNew York Surrogate's Court · 1934
  5. In re the Estate of GilfordNew York Surrogate's Court · 1935

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re the Accounting of Lawyers Trust Co.New York Surrogate's Court · 1943
  2. In re the Estate of CurtisAppellate Division of the Supreme Court of the State of New York · 2005
  3. Citizens National Bank v. OsetekDistrict Court, S.D. New York · 1973
  4. DiMauro v. PaviaDistrict Court, D. Connecticut · 1979
  5. In re the Estate of DalleyAppellate Division of the Supreme Court of the State of New York · 1964

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