In re Maitland
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, New York County. In the matter of the settlement of the account of Thomas A. Maitland, trustee of Sarah Parish Dillon, deceased. From a decree surcharging his account on final settlement, he appeals.
1Opinion of the CourtMcLAUGHLIN, J.
The opinion of the referee to whom the matter was referred by the surrogate to take and state the accounts of the trustee is quite satisfactory, and we should be content to affirm the decree appealed from upon his opinion, were it not for the fact that possibly some question might hereafter arise—and might possibly affect the title to real estate—as to his right to the mortgage which he took as trustee, including the judgment in the foreclosure action, and the title to the real estate covered by the mortgage and acquired on the sale in the foreclosure proceedings, and also the recovery, if…
2Cited by4 opinions
- In re the Judicial Settlement of the Account of RyerAppellate Division of the Supreme Court of the State of New York · 1904
- Junkersfeld v. Bank of Manhattan Co.Appellate Division of the Supreme Court of the State of New York · 1937
- In re the Judicial Settlement of the Account of Proceedings of LyallAppellate Division of the Supreme Court of the State of New York · 1925
- Furniss v. ZimmermanNew York Supreme Court · 1915