In re the Judicial Settlement of the Account of Howard
Appellate Division of the Supreme Court of the State of New York
Appeal by James Howard, as executor and trustee, etcl, of Peter Mallon, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 28th day of July, 1904. • '
1Opinion of the Court
Jenks, J.:
Howard, the appellant, is the accounting, executor -and trustee of Mallon, who died in 1893, leaving an estate worth about $100,000, partly in the form of improved real estate that returned monthly rentals. The income of the estate ■ was about $1,000 a month. Mallon gave'his estate to Howard and to Ferry, in- trust, to collect and apply the income to the maintenance-of- his child and his stepchild'ren during the minority of the said child. ' The trustees were clothed with powers of sale and of investment. Ferry was a real estate agent and had charge of the collection of the rentals…
2Cases cited8 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
- In Re the Accounting of NilesNew York Court of Appeals · 1889
- State v. PrestonWisconsin Supreme Court · 1874
- Odin Coal Co. v. DenmanIllinois Supreme Court · 1900
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3Cited by4 opinions
- In re GoldstickAppellate Division of the Supreme Court of the State of New York · 1992
- Public Serv. Co. of Colo. v. Chase Manhattan BankDistrict Court, S.D. New York · 1983
- Pyramid Musical Corp. v. Floral Park BankAppellate Division of the Supreme Court of the State of New York · 1944
- Morrissey v. CurranDistrict Court, S.D. New York · 1972