Naylor v. Gale
New York Supreme Court
Appeal from special term, New York county. Action by Peter Naylor and Benjamin Haxtun, individually and as trustees, under the will of Peter Naylor, deceased, of the estate of Elizabeth N. Gale, against Elizabeth N. Gale, Allan Murray Gale, William Holt Gale, and Ethel Vermilye Gale, for the settlement of the accounts of plaintiffs as such trustees, and to obtain the acceptance of the resignation and the discharge of plaintiff Naylor as trustee.
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Appeal from special term, New York county. Action by Peter Naylor and Benjamin Haxtun, individually and as trustees, under the will of Peter Naylor, deceased, of the estate of Elizabeth N. Gale, against Elizabeth N. Gale, Allan Murray Gale, William Holt Gale, and Ethel Vermilye Gale, for the settlement of the accounts of plaintiffs as such trustees, and to obtain the acceptance of the resignation and the discharge of plaintiff Naylor as trustee. From a judgment confirming the report of a referee allowing to each trustee full commissions on income computed as on annual accountings, defendant…
1Opinion of the CourtVan Brunt, P. J.
This action was brought for the settlement of the accounts of the plaintiffs, as trustees of Peter Naylor, deceased, for the period since December 7, 1883, to which date their accounts had been heretofore judicially settled, and to obtain the acceptance of the resignation and discharge of the plaintiffs as trustees of said trust. There is no dispute made as to the correctness of the accounts submitted by the trustees; but exception is *935taken to the allowance by the referee to each of the trustees of full commissions on income computed as upon annual accountings; and it is also contended that…
2Cases cited4 opinions
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Dakin v. DemmingNew York Court of Chancery · 1836
- In Re the Final Accounting of SelleckNew York Court of Appeals · 1888
- Savage v. . ShermanNew York Court of Appeals · 1882
3Cited by14 opinions
- Arnold v. AldenIllinois Supreme Court · 1898
- Whitehead v. DraperAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- Chisolm v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of the Account of PotterNew York Surrogate's Court · 1919
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