Legal Opinion
In re the Accounting of Stein
New York Surrogate's Court
Decided March 12, 1948PublishedCited by 2 opinions
1Opinion of the Court
McGarey, S.
Questions of fact have been raised by the pleadings and moving papers which cannot be determined without a hearing. However, for the guidance of the parties and as an indication of the scope of the hearing the court will rule on such of the controverted issues as may be determined purely on questions of law.
The phrase “ net rents, income and profits thereof ” means income only (Matter of Baxter, 164 Misc. 183, affd. 250 App. Div. 701, affd. 275 N. Y. 614).
As there has been no demonstration that the trustees have been conducting the operations of the corporation so as to result in…
2Cases cited10 opinions
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1932
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Account of ChapmanNew York Surrogate's Court · 1900
- In re ChapmanAppellate Division of the Supreme Court of the State of New York · 1901
- In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1924
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3Cited by2 opinions
- In re the Construction of the Will of MalloukNew York Surrogate's Court · 1949
- In re the Estate of SmithNew York Surrogate's Court · 1976