In re of the Accounts of Elting
Appellate Division of the Supreme Court of the State of New York
Appeal by Caroline Curtiss Johnson and others from a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 16th day of February, 1903, settling the accounts of the trustees under the will of Abijáh Curtiss, deceased.
1Opinion of the Court
Jenks, J.:
I think that the trustee is not chargeable with a devastavit as to the real estate dividends received from the Sixth Avenue Railroad Company. The testator died in 1888, and his original executors and trustees were succeeded by this trustee in 1896. These real estate dividends had been received by him and by his predecessors at various times throughout a number of years, had been classified by them as income and- had been paid by them to the life beneficiaries. But upon the trustee’s accounting, in 1901, the surrogate determined that the dividends must be credited to principal, and *517th…
2Cases cited9 opinions
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Account of WilletsNew York Court of Appeals · 1889
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- Wright v. Trustees of Corp. of Meth. Epis ChurchNew York Court of Chancery · 1839
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
- In re the Judicial Settlement of Fifth Account of BanninAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- Childs v. ChildsNew York Supreme Court · 1910
- In re the Judicial Settlement of the Account of Proceedings of ZieglerNew York Surrogate's Court · 1913
3 more not listed; retrieve them via the Exa API.