Matter of Westerfield
New York Court of Appeals
. Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 27, 1900, reversing a decree of the surrogate of Westchester county finally settling and passing the accounts of the trustees to the date of their removal and remitting the case to the Surrogate’s Court for further proceedings in accordance with the opinion of the Appellate Division.
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. Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 27, 1900, reversing a decree of the surrogate of Westchester county finally settling and passing the accounts of the trustees to the date of their removal and remitting the case to the Surrogate’s Court for further proceedings in accordance with the opinion of the Appellate Division. This proceeding was brought to obtain the removal of William Cauldwell and Thomas Rogers, as trustees under the will of Jason Rogers, deceased, and for an accounting. The facts, so…
1Opinion of the CourtHaight, J.
The Appellate Division reversed the decree of the surrogate upon questions of fact as well as of law. It then allowed an appeal to this court, certifying the following questions: “ 1. Whether, upon the facts shown by the record herein, Thomas Rogers is personally liable for and chargeable with the amount of the devastavit suffered by the trust estate on or before December 9, 1895. 2. Whether, upon the facts shown, by the record herein, Thomas Rogers, as to such sums as he may be personally liable for and chargeable with, is chargeable also with interest thereon at the rate of six per cent per…
2Cited by7 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Parker v. RogersonAppellate Division of the Supreme Court of the State of New York · 1975
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1901
- Westerfield v. . RogersNew York Court of Appeals · 1903
- Palmer v. . the State of New YorkNew York Court of Appeals · 1916
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