Legal Opinion

In re the Accounting of Fisk

New York Surrogate's Court

Decided November 15, 1904PublishedCited by 4 opinions

Proceedings upon the accounting of an executor of a deceased trustee.

1Opinion of the Court

Heaton, S.

Accounting by the executor of a deceased testamentary trustee.

There is no contest between the parties as to the amount of receipts and disbursements, but the substituted trustee raises the following questions of law:

*395First. She claims that the trustee has made improper payments of income when he has paid over the income annually to the guardian of the person and property of the life beneficiary, appointed as such by the Probate Court of Massachusetts according to the law and practice in that State, said beneficiary being an incompetent adult. The substituted trustee claims that the…

2Cases cited11 opinions

  1. McLouth v. . HuntNew York Court of Appeals · 1897
  2. Leggett v. . PerkinsNew York Court of Appeals · 1849
  3. Matter of Accounting of MasonNew York Court of Appeals · 1885
  4. Lowry v. . Farmers' Loan Trust Co.New York Court of Appeals · 1902
  5. Matter of Petition of AllenNew York Court of Appeals · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hitchcock v. WimplebergAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re the Annual Accounting of Stratton, New York County Courts1912
  3. In re the Estate of BrewsterNew York Surrogate's Court · 1937
  4. In re the Estate of HartleyNew York Surrogate's Court · 1915

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