People ex rel. Safford v. Washburn
New York Supreme Court
Application- by the plaintiff for an alternative writ of prohibition restraining the defendants from judicially settling accounts of testamentary trustees, etc.
1Opinion of the CourtBrown, J.
By the provisions of section 2641 of the Code of Civil Procedure the Surrogate’s Court has jurisdiction of all matters concerning trusts, trust property and trustees without regard to the residence of the trustees when such trusts are created.
First. By the will of a resident; or
*416Second. The trust is created by a will relative to real property situate in the state.
It is seen that when the will of a resident is involved it is of no importance where the trustee resides; likewise when the will creates a trust relative to real property situate in the state it is of no importance where the trustee…
2Cases cited1 opinion
- In re the Judicial Settlement of the Intermediate Account of HoytNew York Surrogate's Court · 1918
3Cited by2 opinions
- In re the Estate of MunnNew York Surrogate's Court · 1938
- In re the Estate of YuillNew York Surrogate's Court · 1919