Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Brewster

New York Surrogate's Court

Decided November 15, 1915PublishedCited by 3 opinions

Proceeding upon the judicial settlement of the account of a general guardian, etc.

1Opinion of the Court

Ketcham, S.

The petitioner presents releases by virtue of which he claims to be relieved from the duty of accounting to the beneficiaries of his several trusts.. The jurisdiction of this court to consider equitable defenses to these releases is within the text of the statute. It is provided by section 2510 of the C'ode of Civil Procedure that the surrogate may determine all questions, legal or equitable, “ arising between any and all of the parties * * * as to -any and

all matters necessary to be determined in order to make a full, equitable and complete disposition of the matter by such order…

2Cases cited2 opinions

  1. In re the Judicial Settlement of the Account of ThornburghNew York Surrogate's Court · 1911
  2. In re the Judicial Settlement of the Accounts of Lyth & BaynesNew York Surrogate's Court · 1900

3Cited by3 opinions

  1. In re the Judicial Settlement of the Account of Proceedings, of UngrichNew York Surrogate's Court · 1921
  2. In re the Estate of PenoNew York Surrogate's Court · 1927
  3. In re the Estate of IsaacsNew York Surrogate's Court · 1918

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