Blair v. Cargill
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Charles H. Blair, as trustee of the estate of David Cargill, deceased, and by the defendants Panola C. Hampton and another, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 12th day of July, 1905, upon the report of a referee,'and also from portions of an order entered in. said clerk’s office on the 16th day of Hay, 1905, granting certain extra allowances of costs.
1Opinion of the Court
Houghton, J.:
The defendants are residuary legatees of' the fund held in trust under the will of David Cargill, deceased. On the termination of the trust the plaintiff brought this action to account and to charge ■the shares of" defendants. Hampton' and Stearns with the amount .of certain .unauthorized, loans made by. former .trustees to defendant Andrew H. Cargill, a eobenéficiary, on the ground that they consented to and participated in such loaning of the- funds of the' trust. , - " . ■
During the trusteeship .of Frederick A. Brown, and in 1892, the trustee loaned' to Andrew H. Cargill, Out…
2Cases cited6 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Matter of Denton v. . SanfordNew York Court of Appeals · 1886
- Pope v. FarnsworthMassachusetts Supreme Judicial Court · 1888
- Mills v. . SmithNew York Court of Appeals · 1894
- In re Estate of HodgmanAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Judicial Settlement of the Account of Proceedings, of UngrichNew York Surrogate's Court · 1921
- In Re Harper's EstateMontana Supreme Court · 1934
- In re the Estate of RolstonNew York Surrogate's Court · 1937
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1906
- First National Bank & Trust Co. v. HarperMontana Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.