Toch v. Toch
New York Supreme Court
Appeal from special term, New York county. Action by Maximilian Toch, individually and as administrator with the will annexed of Moses Toch, against Jacob B. Toch, as executor of Bernard Toch and individually, and Lucas Toch.
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Appeal from special term, New York county. Action by Maximilian Toch, individually and as administrator with the will annexed of Moses Toch, against Jacob B. Toch, as executor of Bernard Toch and individually, and Lucas Toch. From a judgment entered on a decision that certain legacies were equitable liens, and chargeable on the real estate, and that the land should be sold for the payment of such legacies (28 N. Y. Supp. 602, affirmed), plaintiff, and defendants Jacob B. Toch, as executor, and Lucas Toch, appeal. Affirmed. This action was brought for the purpose of charging certain real…
1Opinion of the CourtFollett, J.
This action is in equity to recover the assets of the estate of Moses Toch in the hands of the executors of Bernard Toch, who was the sole executor and residuary legatee and devisee of Moses Toch, and to charge the payment of certain legacies given by the will of Bernard Toch on his real estate. To establish the plaintiff’s right to recover assets in his representative capacity, he was bound to show that their recovery was necessary for the due administration of the estate of which he was administrator. The payment of all the legacies given by the will of Moses Toch is-*1005secured by the…
2Cited by8 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- In re the Judicial Settlement of the Accounts of MatthewsAppellate Division of the Supreme Court of the State of New York · 1907
- In re DorseyAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Estate of ClarkNew York Surrogate's Court · 1938
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