In re the Accounting of McDowell
New York Surrogate's Court
A proceeding was started in this court by the beneficiaries of the trust created by the will of the decedent to compel an accounting by the executors. The executors filed an account, both as executors and as testamentary trustees. Objections were filed to the account, a trial was had, a decision made, and appeal was taken to the Appellate Division of the Supreme Court. Matter of McDowell, 178 App.
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A proceeding was started in this court by the beneficiaries of the trust created by the will of the decedent to compel an accounting by the executors. The executors filed an account, both as executors and as testamentary trustees. Objections were filed to the account, a trial was had, a decision made, and appeal was taken to the Appellate Division of the Supreme Court. Matter of McDowell, 178 App. Div. 243. The Appellate Division decided that the account had been settled in certain respects and that there had been a mistrial in certain other respects before the surrogate and a pro forma order…
1Opinion of the Court
Swartwood, S.
Inasmuch as it has been decided herein (Matter of McDowell, 178 App. Div. 246) that the duties of executors and trustees coexist, it will perhaps be better to take up the decision of all questions raised by the objectors to the accounts as filed, both as executors and trustees, at the same time in one decision, without regard to the question of whether the two proceedings should be united. In Matter of McDowell, supra, the court said: ‘ ‘ They have treated their duties as executors and trustees as coexistent, and have made no discrimination in their bookkeeping between assets,…
2Cases cited10 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- In Re the Judicial Settlement of the Accounts of HallNew York Court of Appeals · 1900
- In Re the Accounting SlocumNew York Court of Appeals · 1901
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3Cited by17 opinions
- In re NewhoffAppellate Division of the Supreme Court of the State of New York · 1985
- Newhoff v. Rankow, Cohen & Isaac, P. C.New York Surrogate's Court · 1980
- Heyl's EstateSupreme Court of Pennsylvania · 1938
- In re the Estate of SwartzNew York Surrogate's Court · 1937
- Meier v. Union Trust Co., Exr.Indiana Court of Appeals · 1931
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