Legal Opinion

In re the Accounting of Yule

New York Surrogate's Court

Decided April 21, 1958Published

1Opinion of the Court

Maximilian Moss, S.

The administrator has rendered and filed his account. Schedule H has listed certain real property and the income thereof as assets of the decedent’s estate. Objections have been filed by the committee of decedent’s incompetent sister which, among other matters, alleges that decedent was the record owner of said property as trustee of a constructive trust for the benefit of the incompetent, the actual beneficial owner. Prior to the filing of the account the committee had commenced an action in the Supreme Court, Kings County, against the administrator as such, and…

2Cases cited7 opinions

  1. Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
  2. Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
  3. In re the Estate of O'FlynNew York Surrogate's Court · 1940
  4. In re the Estate of McArdleNew York Surrogate's Court · 1931
  5. In re the Judicial Settlement of the Accounts of BushAppellate Division of the Supreme Court of the State of New York · 1935

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