Legal Opinion

In re Overton

New York Surrogate's Court

Decided January 15, 1915PublishedCited by 1 opinion

Application to compel an executrix to file and render an account as executor and trustee.

1Opinion of the Court

Ketcham, S.

Upon the accounting of the representative of a testamentary trustee, deceased, objection is made that the account does not report the deceased trustee’s acts with respect to his receipt and disposition of the rents of an undivided one-fourth part of certain lands which were devised to him in trust.

Under the terms of the will the trust as to one-half of the premises so devised expired upon the death of a beneficiary, on whose life the trust as to such one-half was limited. The one-half thus released from the trust vested one-half thereof, or one-fourth of the aggregate estate, in…

2Cases cited5 opinions

  1. Watkins v. . ReynoldsNew York Court of Appeals · 1890
  2. Kahn v. TierneyAppellate Division of the Supreme Court of the State of New York · 1909
  3. In re the Judicial Settlement of the Account of MurrayAppellate Division of the Supreme Court of the State of New York · 1908
  4. Deering v. PierceAppellate Division of the Supreme Court of the State of New York · 1912
  5. Fogarty v. StangeNew York Supreme Court · 1911

3Cited by1 opinion

  1. Hopfan v. KnauthCity of New York Municipal Court · 1935

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