Legal Opinion

Gilbert v. . Taylor

New York Court of Appeals

Decided January 28, 1896PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 13, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover of William TI.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 13, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover of William TI. Taylor and Edwy L. Taylor, his former general guardian, the sum of $10,000.00, the amount of a legacy bequeathed to the plaintiff by the will of her brother, William H. Taylor, deceased, the father of the defendant William H. Taylor, with interest from November 30th, 1889. The defendant Edwy L. Taylor did not defend,…

1Opinion of the CourtBartlett, J.

We do not deem it essential to discuss at length the complicated questions of fact and figures presented by the learned counsel for the defendant and appellant growing out of the various accountings and the manner in which the executors, trustees and guardians have discharged their responsible duties in the management of a large estate which was greatly reduced in amount when it reached the hands of the residuary legatee, as the question of devastavit is not presented in the view we take of this case.

It suffices to say that after a careful examination of this record we are satisfied that the…

2Cases cited4 opinions

  1. Avery v. . EverettNew York Court of Appeals · 1888
  2. Nelson v. . RussellNew York Court of Appeals · 1892
  3. Van Axte v. . FisherNew York Court of Appeals · 1889
  4. Mills v. . SmithNew York Court of Appeals · 1894

3Cited by8 opinions

  1. Jennings v. SchmitzSupreme Court of Iowa · 1945
  2. Mohn v. MohnSupreme Court of Iowa · 1910
  3. Putnam v. . Lincoln Safe Deposit Co.New York Court of Appeals · 1908
  4. In re the Estate of ClarkeNew York Surrogate's Court · 1936
  5. Dunham v. . DeraismesNew York Court of Appeals · 1901

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