In Re the Accounting of Ziegler
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1915, which modified and affirmed as modified a decree of the New York County Surrogate’s Court judicially settling the accounts of surviving executors and trustees under the will of William Ziegler, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1915, which modified and affirmed as modified a decree of the New York County Surrogate’s Court judicially settling the accounts of surviving executors and trustees under the will of William Ziegler, deceased. The facts, so far as material, are stated in the opinion. Under the true construction of the Ziegler will there is a distinct separation of the duties and functions of the executors and trustees from which it follows that there is a several and separable action in each…
1Opinion of the CourtHogan, J.
William Ziegler died May 24th, 1905, leaving a last will and testament which was duly admitted to probate in Juñé, 1905. The testator left a widow and one child, William Ziegler, Jr. The provisions of the Ziegler will called to our attention by the appellants follow:
“5. All the rest and residue of my estate, I give, devise and bequeath to my son William, after and subject to the following provisions:
“ 6. I appoint my said wife, William S. Champ, William J. G-aynor, and also my said son at the age of twenty-one years, my executors under this will. They shall take, care for and invest my estate…
2Cases cited10 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Accounts of WorthingtonNew York Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
- In re the Estate of SaphirNew York Surrogate's Court · 1973
- In re the Estate of GallowayNew York Surrogate's Court · 1931
29 more not listed; retrieve them via the Exa API.