In Re the Accounting of Mercantile Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1913, which reversed a decree of the New York County Surrogate’s Court settling the accounts of the temporary administrator of the estate of and executor of Charles K. Smith, deceased, and directed the entry of a modified decree. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1913, which reversed a decree of the New York County Surrogate’s Court settling the accounts of the temporary administrator of the estate of and executor of Charles K. Smith, deceased, and directed the entry of a modified decree. The facts, so far as material, are stated in the opinion. Notwithstanding the statement in the order appealed from that the reversal was based upon the facts as well as upon the law, this court will determine whether the evidence presents a material…
1Opinion of the CourtHiscock, J.
The respondent trust company was named as executor in the will of one Smith, and letters were finally issued to it as such, hut owing to unavoidable delay in procuring the probate of the will and urgent circumstances in the condition of the testator’s estate the company was appointed and for some time acted as temporary administrator pending such probate.
Substantially all of the decedent’s personal estate, consisted of 5,200 shares of copper stocks which had been purchased and at the time of his decease were still being carried by his. brokers on a margin. The trust company, then being…
2Cases cited7 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baucus v. . StoverNew York Court of Appeals · 1882
- Baker v. . DrakeNew York Court of Appeals · 1876
- Content v. . BannerNew York Court of Appeals · 1906
- In Re Estate of PeaseCalifornia Supreme Court · 1906
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- Rogers v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1926
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