In re the Judicial Settlement of the Accounts of Decker
New York Surrogate's Court
Proceedings upon the settlement of the account of trustees. When this matter was first before this court it was on a citation issued requiring the executors to account as such. Executor McDowell filed a complete account of his transactions with reference to the estate, both as executor and trustee. Executors Decker and Lang-don filed a verified statement setting forth, in substance, that they had had nothing to do with the estate after the taking of the inventory.
Read the full summary
Proceedings upon the settlement of the account of trustees. When this matter was first before this court it was on a citation issued requiring the executors to account as such. Executor McDowell filed a complete account of his transactions with reference to the estate, both as executor and trustee. Executors Decker and Lang-don filed a verified statement setting forth, in substance, that they had had nothing to do with the estate after the taking of the inventory. On that state of facts this court held (Matter of McDowell, 97 Misc. Rep. 306) the executors liable for the funds of the estate as…
1Opinion of the Court
Swartwood, S.
The principal question now before the court for determination is the liability of the co-trustees, Casper G. Decker and Jervis Langdon. Additional evidence and proofs have been taken and it now appears from the testimony of all three trustees that the several trusts provided for in the will of the testator were set up by them in September, 1909, two months after the probate of the will. It further appears that Trustees Decker and Langdon mutually acquiesced, approved and confirmed all the acts of Trustee McDowell in the investment of the funds under the trust. In other words,…
2Cases cited4 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- In re the Accounting of McDowellNew York Surrogate's Court · 1918
- In re the Judicial Settlement of the Account of KreidlerNew York Surrogate's Court · 1910
- In re the Judicial Settlement of the Accounts of McDowellNew York Surrogate's Court · 1916
3Cited by1 opinion
- Crozer's EstateSupreme Court of Pennsylvania · 1941