Legal Opinion
In re the Estate of Winburn
New York Surrogate's Court
Decided April 28, 1931PublishedCited by 17 opinions
1Opinion of the Court
Slater, S.
The decedent died July 21, 1929, leaving a last will and testament duly admitted to probate. On October 25, 1929, letters testamentary were issued to the accounting executors. The executors filed their account, dated September 24, 1930.
Two of the beneficiaries named in the will seek to surcharge the executors for failure to sell securities, and claim that the executors are guilty of gross negligence in failing to dispose of such securities at the highest market value obtainable. The special guardian interposed a similar objection.
The securities to which the objections relate are as…
2Cases cited14 opinions
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- In Re the Judicial Settlement of the Accounts of HallNew York Court of Appeals · 1900
- In Re the Accounting of Mercantile Trust Co.New York Court of Appeals · 1913
- Brown v. . Cleveland Trust Co.New York Court of Appeals · 1922
- In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- J & R MARKETING, SEP v. General Motors Corp.Court of Appeals for the Sixth Circuit · 2008
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Stark v. United States Trust Co. of NYDistrict Court, S.D. New York · 1978
- In re the Estate of BalfeNew York Surrogate's Court · 1934
- Newhoff v. Rankow, Cohen & Isaac, P. C.New York Surrogate's Court · 1980
12 more not listed; retrieve them via the Exa API.