Matter of Wentworth
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 3, 1920, which modified and affirmed as modified a decree of the Chemung County Surrogate’s Court directing an accounting of the proceedings of Henry L. Armstrong as trustee under the will of Mary E. Armstrong, deceased.. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Hiscock, Ch. J.
By these appeals we are required to pass upon the obligations of one Armstrong, now deceased, as trustee of one Wentworth, also deceased. It is claimed in behalf of the cestui que trust and thus far has been held that the trustee in violation of his trust executed a conveyance of real estate which was the subject thereof and as a result of which said trust property was subsequently lost, and that now the trustee should be required to account therefor. The claims in behalf of the trustee are first that he was authorized by the terms of the trust to execute the conveyance which…
2Cases cited10 opinions
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Metcalfe v. . Union Trust Co.New York Court of Appeals · 1905
- Sherman v. . ParishNew York Court of Appeals · 1873
- Woodbridge v. . BockesNew York Court of Appeals · 1902
- In Re the Probate of the Will of TrumbleNew York Court of Appeals · 1910
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3Cited by88 opinions
- Orlicki v. McCarthyIllinois Supreme Court · 1954
- Matter of Morse (Bank of America)New York Court of Appeals · 1928
- In re the Estate of HarrimanNew York Surrogate's Court · 1924
- Kelly v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Weinstein v. WeinsteinCourt of Appeals of Arizona · 2014
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