Savage v. Olmstead
New York Surrogate's Court
This was a proceeding in the matter of the estate of Foah F.Pike, deceased. In 1874, the then Surrogate made an order on the petition of Joseph W. Savage, the father of the infant legatees, under the will of the deceased that the executors and trustees pay the income of the shares of said infants to their father, in reimbursement of funds expended by him in their support and education, prior to the receipt of the fund by the trustees, and authorized and directed them to pay…
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This was a proceeding in the matter of the estate of Foah F.Pike, deceased. In 1874, the then Surrogate made an order on the petition of Joseph W. Savage, the father of the infant legatees, under the will of the deceased that the executors and trustees pay the income of the shares of said infants to their father, in reimbursement of funds expended by him in their support and education, prior to the receipt of the fund by the trustees, and authorized and directed them to pay such income, during the infant’s minority, respectively, as it should be realized, by semiannual payments, to the…
1Opinion of the Court
The Surrogate.
By his will the testator directed the rest and residue of his estate to be divided into three parts; one part was given to the children in question, each share to be held by his executors as trustees ; and by a recent decree on final accounting of *480the executors and trustees, it was adjudged that the estate in their hands he held by them as trustees.*
It seems to me, therefore, that the question is distinctly raised as to the jurisdiction of this court over the conduct of testamentary trustees, who are trustees of an express trust; but the question arises in respect to my duty to…
2Cases cited7 opinions
- Wood v. . BrownNew York Court of Appeals · 1866
- Seaman v. . DuryeaNew York Court of Appeals · 1854
- Corwin v. MerrittNew York Supreme Court · 1848
- Shumway v. CooperNew York Supreme Court · 1853
- Dubois v. SandsNew York Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887