Geissler v. Werner
New York Surrogate's Court
Petition by Amalie Geissler, a beneficiary under decedent’s will, for an order compelling John F. Werner, executor thereof of and trustee thereunder, to pay over the income of trust moneys. The facts are stated in the opinion.
1Opinion of the Court
The Surrogate.
The respondent in this proceeding was appointed testamentary trustee by the will of this decedent, and was directed to pay to the petitioner, during her lifetime, the interest of a certain sum to be invested for her benefit. She now applies for an order, compelling the trustee to pay over such income as has accrued since March, 1883. It is alleged by the respondent, in his answer, that he has expended nearly $350 for counsel fees, in defending an action brought by this petitioner for extinguishing the trust for her benefit, and that, in such action, he has recovered against her…
2Cases cited3 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Noyes v. BlakemanThe Superior Court of New York City · 1850
- Dodge v. WilburNew York Court of Appeals · 1854