In re Holmes
Appellate Division of the Supreme Court of the State of New York
Appeal by 0. Julia Rodger and another, administrators, etc., of William. 0. Rodger, deceased, trustee under the will of Fanny Hearsey, from so much of an order, made at the Madison Special Term and entered in the office of the clerk of the county of Madison on the 19th day of October, 1898, as directs said administrators to pay to William W. Rice, trustee, out of the proceeds of the estate of William C. Rodger, deceased, the sum of $4,650.56 and interest thereon from January…
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Appeal by 0. Julia Rodger and another, administrators, etc., of William. 0. Rodger, deceased, trustee under the will of Fanny Hearsey, from so much of an order, made at the Madison Special Term and entered in the office of the clerk of the county of Madison on the 19th day of October, 1898, as directs said administrators to pay to William W. Rice, trustee, out of the proceeds of the estate of William C. Rodger, deceased, the sum of $4,650.56 and interest thereon from January 1, 1898. There is no controversy in regard to the facts of this case. One Fanny Hearsey, of Madison county, H. Y., who…
1Opinion of the Court
Putnam, J.:
In the opinion of Englar v. Offutt, Trustee (70 Md. 78-85) it is said : “ The principle upon which trust funds may be traced, when attempted to be misapplied, or where they have been converted into other property, or become mixed with other funds belonging to the trustee or fiduciary, is a very plain one, and all the difficulty that is found to exist is in matters of fact and in identifying the fund. So long as a trust fund can be traced, the court will always attribute the ownership thereof to the cestui que trust, and will not allow the right to be defeated by the wrongful act of…
2Cases cited10 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Cook v. TullisSupreme Court of the United States · 1874
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Holmes v. . GilmanNew York Court of Appeals · 1893
- McLeod v. EvansWisconsin Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re StewartDistrict Court, N.D. New York · 1910
- Blair v. HillAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of AcclesNew York Surrogate's Court · 1934
- In re the Estate of HarbeckNew York Surrogate's Court · 1931
- In re NorthrupDistrict Court, N.D. New York · 1907
12 more not listed; retrieve them via the Exa API.