Legal Opinion

Furniss v. Cruikshank

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1920PublishedCited by 9 opinions

Appeal by the plaintiffs, William Ponsonby Furniss and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of April, 1915, upon the report of a referee.

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Appeal by the plaintiffs, William Ponsonby Furniss and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of April, 1915, upon the report of a referee. Appeal by the defendants, Lucius H. Beers and others, as executors, etc., from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 30th day of April, 1915, as adjudges that the proceeds of the sale of real estate forming part of the principal of the trust as set forth in Schedule “ B ”…

1Opinion of the Court

Merrell, J.:

This action is brought to compel an accounting for the acts of a deceased testamentary trustee. A referee was appointed in the action to take and state the account of said trustee and to hear and determine all questions arising thereon. The referee heard the proofs and made and filed his decision and report. A judgment was entered in part upon the report of said referee and in part pursuant to the direction of the court. Cross-appeals have been taken from the judgment thus rendered, the plaintiffs appealing from each and every part thereof, while the defendant Margaret E.…

2Cases cited10 opinions

  1. Lawrence v. . LittlefieldNew York Court of Appeals · 1915
  2. In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
  3. Spencer v. . SpencerNew York Court of Appeals · 1916
  4. In Re the Accounting of StevensNew York Court of Appeals · 1907
  5. New York Life Insurance & Trust Co. v. BakerNew York Court of Appeals · 1901

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Gartenlaub v. Union Tr. Co. of S.F.California Supreme Court · 1921
  2. In re the Estate of HilliardNew York Surrogate's Court · 1937
  3. In re the Estate of PelcygerNew York Surrogate's Court · 1936
  4. In re the Estate of ShepardNew York Surrogate's Court · 1930
  5. In re the Judicial Settlement of the Account of Proceedings of Bankers Trust Co.New York Surrogate's Court · 1922

4 more not listed; retrieve them via the Exa API.

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