Matter of Application of Holden
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 31,. 1890, which affirmed two orders of Special Term, which modified, and confirmed as modified, the report of the referee appointed in this proceeding. James C. Holden, who was the trustee under the will of Albert Weber, deceased, instituted a proceeding for leave to resign and for the appointment of a new trustee.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 31,. 1890, which affirmed two orders of Special Term, which modified, and confirmed as modified, the report of the referee appointed in this proceeding. James C. Holden, who was the trustee under the will of Albert Weber, deceased, instituted a proceeding for leave to resign and for the appointment of a new trustee. The petitioner’s resignation was accepted and a new trustee appointed-The several beneficiaries under said will were made parties;, . and upon the settlement of the accounts…
1Opinion of the Court
Huge®, Ch. J.
The question in this case involves the .authority of the court to make allowances to parties who appear in a proceeding instituted by the trustee of a trust fund for leave to resign, and to procure the appointment of a new trustee, necessarily involving the examination and settlement of the accounts of the retiring trustee.
In these proceedings the several beneficiaries were made parties, and generally appeared by separate counsel, who took an active part in the conduct of the proceedings. The interests of the beneficiaries were substantially the same, and the services of each…
2Cases cited3 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Downing v. . MarshallNew York Court of Appeals · 1867
- Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
3Cited by51 opinions
- Matter of HowellNew York Court of Appeals · 1915
- Matter of City of BrooklynNew York Court of Appeals · 1895
- Matter of LoomisNew York Court of Appeals · 1937
- County of Erie v. . FridenbergNew York Court of Appeals · 1917
- Frame v. PlumbWisconsin Supreme Court · 1909
46 more not listed; retrieve them via the Exa API.