In re the Accounting of the & of Martens
New York Surrogate's Court
Settlement of accounts of trustees.
1Opinion of the Court
S'Ilkman, S.
Two questions are presented by the special guardian for determination before the entry of the decree:
Eirst. Is the real estate to be included in determining the value of the several trust estates for the purpose of computing trustees’ commissions thereon; and
Second. Are the taxes upon the unimproved and unproductive real estate which is appreciating in value properly chargeable to principal?
The testator by the fourth clause of his will gave to his executors and trustees all the residue of his property, real and personal, in trust to divide the same into five equal parts, which…
2Cases cited8 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Spear v. TinkhamNew York Court of Chancery · 1847
- In re Van WyckNew York Court of Chancery · 1846
- Lawrence v. EmbreeNew York Surrogate's Court · 1855
- Griffith v. BeecherNew York Supreme Court · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mulcahy v. JohnsonSupreme Court of Colorado · 1927
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- In re the Judicial Settlement of the Account of the First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1924
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
- In re the Final Judicial Settlement of the Account of Proceedings of VictorinNew York Surrogate's Court · 1927
4 more not listed; retrieve them via the Exa API.