In Re the Final Judicial Settlement of the Annual Accounts of Hoyt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1898, reversing a decree of the Surrogate’s Court of the county of Hew York, finally judicially settling and allowing the annual accounts of the trustees for Mary Irene Hoyt under the last will and testament of her father, Jesse Hoyt, deceased.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1898, reversing a decree of the Surrogate’s Court of the county of Hew York, finally judicially settling and allowing the annual accounts of the trustees for Mary Irene Hoyt under the last will and testament of her father, Jesse Hoyt, deceased. The accounts involved cover the period from the 14th day of August, 1894, to 14th day of August, 1895. On the 14th day of August, 1882, Jesse Hoyt, a resident of the city of Hew York, died possessed of a large estate. He left a last…
1Opinion of the CourtBartlett, J.
The principal question submitted for our determination relates to the premium on bonds in which the trust estate has been invested.
It is insisted on behalf of the appellant, Mary Irene Hoyt, that she is entitled to the entire income earned by the trust fund; the trustees claim that there should he deducted from this income a certain sum each year to meet the “ wearing away ” of the premium as the bonds approach the date of falling due, in order that the remaindermen may he protected and the principal of the trust fund turned over to them at the falling in of the life estate unimpaired.
This…
2Cases cited2 opinions
- McLouth v. . HuntNew York Court of Appeals · 1897
- Bowditch v. . AyraultNew York Court of Appeals · 1893
3Cited by46 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Rudd v. . CornellNew York Court of Appeals · 1902
- In re the Final Judicial Settlement of the Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1906
- In Re the Accounting of StevensNew York Court of Appeals · 1907
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
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