Legal Opinion

In re the Judicial Settlement of the Account of Brown

New York Surrogate's Court

Decided November 15, 1912PublishedCited by 2 opinions

Proceedings upon the judicial settlement of the accounts of executors and trustees.

1Opinion of the Court

Ketcham, S.

The contestants claim that the accountant should “ return ” to the estate the salary which he has received from a corporation in which he held office and in which the estate held stock. This argument rests primarily upon the assumption, which the contestants plainly state, that the corporation involved was the estate and was treated as such. But the corporation was a separate entity. The executors did not own it, nor as such executors did they or either of them conduct it. Their only relation to such coroporation was that of stockholder.

Two cases are cited to support the demand…

2Cases cited3 opinions

  1. In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
  2. In re the Judicial Settlement of the Account of FroelichAppellate Division of the Supreme Court of the State of New York · 1907
  3. In re Account of SchaeferAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by2 opinions

  1. In re Judicial Settlement of the Account of ParascandolaAppellate Division of the Supreme Court of the State of New York · 1928
  2. In re the Estate of LuckenbachNew York Surrogate's Court · 1965

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