Legal Opinion
In Re the Accounting of First Trust & Deposit Co.
New York Court of Appeals
Decided July 19, 1932PublishedCited by 32 opinions
1Per curiam
The trustee filed its account and it has been approved as filed by the Surrogate and by the Appellate Division. If the respondents desired to hold the trustee liable for negligence in the management of the trust before the date of filing the account, it should have been done in the accounting proceeding. Having failed in that proceeding to charge the trustee with negligence, they were thereafter barred from charging it with negligence which occurred at any time before the filing of the account, as the Surrogate had jurisdiction to determine the question of the trustee’s negligence. (Matter of…
2Cases cited1 opinion
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
3Cited by32 opinions
- In Re the Estate of HunterNew York Court of Appeals · 2005
- In re the Accounting of the Bank of New YorkNew York Court of Appeals · 1974
- In re the Judicial Settlement in the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1936
- In re Morgan Guaranty Trust Co.New York Surrogate's Court · 1977
- In re the Accounting of Lawyers Trust Co.New York Surrogate's Court · 1943
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