In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the United States Trust Company of New York, as trustee, etc., of Helena Rogers, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of December, 1902, settling the accounts of said trustee, as directs the payment of one-third of the trust estate to John Ferdon Rogers.
Read the full summary
Appeal by the United States Trust Company of New York, as trustee, etc., of Helena Rogers, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of December, 1902, settling the accounts of said trustee, as directs the payment of one-third of the trust estate to John Ferdon Rogers. Helena Rogers died on the 13th day of May, 1896, leaving a will which was duly admitted to probate in the Surrogate’s Court of New York county as a will of real and personal property. She left as her descendants her only child, Hoffman…
1Opinion of the Court
Hatch, J.:
It is' well-settled law that a Surrogate’s Court is a court of limited jurisdiction, and in respect to accountings by testamentary trustees *81and guardians such court takes no incidental powers, but only such as are expressly given by the statute, and has no authority to exercise general equitable powers in the disposition of controversies arising therein. (Matter of Hawley, 104 N. Y. 250.) The provisions of the Code of Civil Procedure have not changed the rule bearing upon such subject. Its jurisdiction over the accounts of testamentary trustees is co-extencive with its jurisdiction…
2Cases cited7 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
- In re Wagner's EstateNew York Supreme Court · 1889
- In re Estate of HodgmanAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of BuntingAppellate Division of the Supreme Court of the State of New York · 1904
- Cook v. StraitonNew York Supreme Court · 1903
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927