Legal Opinion

In the Matter, Etc., of Estate of Weston

New York Court of Appeals

Decided March 6, 1883PublishedCited by 69 opinions

These are cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1882, which modified and affirmed as modified a decree of the surrogate of the county of New York, on the final accounting of the executors of the will of Richard Warren Weston, deceased.

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These are cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1882, which modified and affirmed as modified a decree of the surrogate of the county of New York, on the final accounting of the executors of the will of Richard Warren Weston, deceased. (See mem. of decision below, 27 Hun, 455.) The testator died in May, 1873. These proceedings were instituted on the application of the executors in July, 1877. The surrogate’s decree was entered in October, 1880. The will, after certain devises and bequests,…

1Opinion of the CourtFinch, J.

The decree of the surrogate, and the judgment of the General Term, refusing to charge against the executors the loss resulting from the depreciation of the St. Louis and Iron Mountain railroad stock, were right and' should be affirmed. The appellants do not attack this conclusion upon the ground of negligence or bad faith, and substantially concede that the discretion of the executors, if they had any, was exercised fairly and with ordinary prudence, although the result has been disastrous. But the argument is put upon the ground that by the terms of the will.it was made the duty of the…

2Cases cited5 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Thompson v. BrownNew York Court of Chancery · 1820
  3. Noyes v. . Children's Aid SocietyNew York Court of Appeals · 1877
  4. McRae v. McRaeNew York Surrogate's Court · 1855
  5. Lockhart v. Public AdministratorNew York Surrogate's Court · 1856

3Cited by69 opinions

  1. In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
  2. In Re the Estate of JanesNew York Court of Appeals · 1997
  3. In re the Estate of McCaffertyNew York Surrogate's Court · 1933
  4. In re the Estate of SaxtonAppellate Division of the Supreme Court of the State of New York · 2000
  5. Busby v. First National BankAppellate Court of Illinois · 1937

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