In re the Judicial Settlement of the Accounts of Ball & Ball
Appellate Division of the Supreme Court of the State of New York
Appeal by Frank H. Ball and William I. Ball, individually and as. executors, etc., of Edwin J. Dixon, deceased, from a decree of the Surrogate’s Court of the county of Cayuga in favor of legatees representing one-fourth of the residuary estate of the testator, entered in said Surrogate’s Court on the 12th day of August, 1899, surcharging the executors’ account with the loss upon two Minnesota mortgages, and also charging the executors with interest and taxes, upon the…
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Appeal by Frank H. Ball and William I. Ball, individually and as. executors, etc., of Edwin J. Dixon, deceased, from a decree of the Surrogate’s Court of the county of Cayuga in favor of legatees representing one-fourth of the residuary estate of the testator, entered in said Surrogate’s Court on the 12th day of August, 1899, surcharging the executors’ account with the loss upon two Minnesota mortgages, and also charging the executors with interest and taxes, upon the mortgaged property. Edwin J. Dixon, the testator, died on the 14th day of March, 1892, and letters testamentary were issued to…
1Opinion of the Court
Adams, P. J.:
Upon the foregoing facts, and such additional ones as will be referred to later on, the learned surrogate found, as matter of law, that it was the duty of the executors, as soon as possible after their qualification, to exercise their option to declare due the entire principal of the Morrison notes and to proceed promptly to collect the amount owing thereon. He also found that the executors were guilty of gross negligence in their management of the Morrison loans, in consequence of which they were not entitled to credit, as against the contestants, for any portion of the loss…
2Cases cited7 opinions
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- O'Conner v. . GiffordNew York Court of Appeals · 1889
- Hazzard v. . FluryNew York Court of Appeals · 1890
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1898
- The Merchants' Bank of New-York v. . SpaldingNew York Court of Appeals · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jensen v. Republic Steel Corp.Cuyahoga County Common Pleas Court · 1940
- In re the Judicial Settlement of the Estate of JoostNew York Surrogate's Court · 1906