Legal Opinion

In re the Accounting of McCulloch

Appellate Division of the Supreme Court of the State of New York

Decided April 16, 1956Published

1Opinion of the Court

In each of two proceedings for judicial settlement of appellant’s respective accounts as substituted trustee under separate trust agreements, an order was made surcharging him in a stated amount and directing him to pay the surcharge to the successor trustee. The respective amounts were thereafter paid in full to the successor trustee, in part by appellant and in part by respondent, the surety on his bond in each matter. Appellant has not reimbursed respondent for the portions paid by it, except for a small amount on account. The appeals are from two orders, which granted respective…

2Cases cited2 opinions

  1. Matzke v. MatzkeAppellate Division of the Supreme Court of the State of New York · 1918
  2. Tucci v. TucciAppellate Division of the Supreme Court of the State of New York · 1930

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