In Re the Judicial Settlement of the Accounts of Collins
New York Court of Appeals
Appeal from a portion of the order of the General Term of the Supreme Court in the first judicial department, made June 30, 1893, which reversed a decree of the Surrogate’s Court of the county of Mew York entered upon an accounting of the executor of the will of John G„ Collins, deceased, and which remitted the proceedings to that court for a further accounting.
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Appeal from a portion of the order of the General Term of the Supreme Court in the first judicial department, made June 30, 1893, which reversed a decree of the Surrogate’s Court of the county of Mew York entered upon an accounting of the executor of the will of John G„ Collins, deceased, and which remitted the proceedings to that court for a further accounting. John G. Collins died in 1858. His estate consisted of personal property, a piece of real estate, Mo. 41 Wooster street, Mew York city, and another piece in Eighty-fourth street. His will was admitted to probate September 20, 1858. It…
1Opinion of the CourtFinch, J.
The appellant’s argument covers an area very much beyond the scope of the real questions involved in this appeal. Those are only whether the executor, ordered to account as such for the proceeds of real estate sold under a power of sale given by the will, should account also in the character of a testamentary trustee, and whether the accounting should include a sum of one thousand dollars which, by arrangement among three of the devisees, was used to produce an annuity of fifty dollars bequeathed to the widow. There is hardly room for argument over either question. The will creates no trust…
2Cases cited1 opinion
- Hood v. . HoodNew York Court of Appeals · 1881
3Cited by7 opinions
- Reid v. BrownNew York Supreme Court · 1907
- In re the Estate of TomsNew York Surrogate's Court · 1914
- Commissioner v. WhitehouseCourt of Appeals for the First Circuit · 1930
- In re the Estate of ElliottNew York Surrogate's Court · 1899
- In re the Estate of ColeAppellate Division of the Supreme Court of the State of New York · 1916
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