Wilcox v. Quinby
New York Supreme Court
Appeal from special term, Westchester county. Action by Anna Eliza Wilcox against Charles J. Quinby and James D. McCabe, individually and as executors of the last will and testament of Daniel Quinby, deceased, and as trustees under said will, and Egbert Quinby. From a judgment entered on a decision at special term dismissing the complaint on the merits, and from an order giving defendants an additional allowance of costs, plaintiff appeals. Reversed in part.
1Opinion of the CourtCullen, J.
This action is brought to remove the defendants as executors, and to have a trustee appointed in their place, and for an accounting. The court at special term, at the close of the evidence, dismissed the complaint. The complaint charges the defendants with having converted the testator’s personal property and the rents of the real property, and with failing to account. It also charges misconduct on their part in failing to sell the realty. As to the personal property, the evidence fails to show any conversion by the defendants, and, on the contrary, does show that they fully accounted for it…
2Cases cited1 opinion
- Haight v. . BrisbinNew York Court of Appeals · 1884
3Cited by2 opinions
- Armuress Sapp v. Rogers, California Court of Appeal, 5th District2019
- Walbridge v. Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911