Legal Opinion

In re the Estate of Smith

New York Surrogate's Court

Decided September 13, 1946PublishedCited by 1 opinion

1Opinion of the Court

Delehanty, S.

Criticism of the trustee’s account is made because of an investment in a share in a mortgage on a plot of realty in this city. The entire investment (including additional moneys paid for carrying the mortgaged property after it was taken over - in foreclosure) is represented in the account by shares in a salvage corporation. Many grounds are urged in objecting to the propriety of the original investment and still further criticism Is directed toward the treatment of the investment after it was made. Since two of the objections raise fundamental questions they will be considered…

2Cases cited9 opinions

  1. Korn v. . CampbellNew York Court of Appeals · 1908
  2. Forster v. . ScottNew York Court of Appeals · 1893
  3. Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
  4. Wetmore v. . BruceNew York Court of Appeals · 1890
  5. Bull v. . BurtonNew York Court of Appeals · 1919

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3Cited by1 opinion

  1. Marathon Builders, Inc. v. PolingerCourt of Appeals of Maryland · 1971

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