Legal Opinion
In re the Accounting of Herz
New York Surrogate's Court
Decided June 11, 1957PublishedCited by 10 opinions
1Opinion of the CourtJohn D. Bennett, J.
In this intermediate petitioner seeks incidental relief which will
accounting the be disposed of seriatim.(1) There is no specific provision in article V or in any other portion of the will requiring that a reserve for depreciation be set up. In the absence 0f such a provision it has been uni-*218formerly held in New York that the cestui que trust is entitled to the full income without deduction for depreciation (Matter of Davies, 197 Misc. 827, affd. without opinion 277 App. Div. 1021 ; Smith v. Keteltas, 62 App. Div. 174; Matter of Edgar, 157 Misc. 10; Matter of Adler, 164 Misc. 544; Matter of…
2Cases cited10 opinions
- In re the Accounting of GreenNew York Court of Appeals · 1953
- In re the Estate of AdlerNew York Surrogate's Court · 1937
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Account of ChapmanNew York Surrogate's Court · 1900
- In re ChapmanAppellate Division of the Supreme Court of the State of New York · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Estate of GeigerNew York Court of Appeals · 1959
- In re the Estate of GeigerNew York Surrogate's Court · 1958
- In re the Estate of SiegelNew York Surrogate's Court · 1964
- In re the Estates of DavisNew York Surrogate's Court · 1967
- Lambert Tree Trust Estate v. CommissionerUnited States Tax Court · 1962
5 more not listed; retrieve them via the Exa API.