In Re the Accounting of Bushe
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 13, 1918, which modified .a decree of the Greene County Surrogate’s Court settling the accounts of the surviving trustees under the will of Alpheus C. Dwight, deceased. 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 third judicial department, entered September 13, 1918, which modified .a decree of the Greene County Surrogate’s Court settling the accounts of the surviving trustees under the will of Alpheus C. Dwight, deceased. The facts, so far as material, are stated in the opinion. It was error for the Appellate Division to hold that the representatives of the deceased trustee were entitled, as matter of law, to statutory commissions. (Matter of Ingraham, 60 Misc. Rep. 46; Matter of Rutledge, 162 N. Y. 31; Flynn v. Judge, 149…
1Opinion of the CourtCrane, J.
On December 21st, 1910, letters testamentary upon the last will and testament of Frederick P. Adams of the town of Coxsackie, Greene county, New York, deceased, were issued to Eugene L. Bushe, Edward P. Dwyer and Alpheus C. Dwight. The three-executors subsequently filed an account of their proceeding to December 31st, 1912, and by a decree judicially settling their accounts they paid over to themselves as trustees about $800,000 of personal property, after having been granted $32,297.76 for commissions and allowances. The three trustees continued to act until August 5th, 1914, when Alpheus C.…
2Cases cited18 opinions
- Collier v. . MunnNew York Court of Appeals · 1869
- Beard v. . BeardNew York Court of Appeals · 1893
- In Re the Judicial Settlement of the Accounts of WorthingtonNew York Court of Appeals · 1894
- Matter of RunkNew York Court of Appeals · 1911
- In Re the Judicial Settlement of the Account of WilletsNew York Court of Appeals · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of BloomingdaleNew York Surrogate's Court · 1939
- In re the Estate of MohrNew York Surrogate's Court · 1938
52 more not listed; retrieve them via the Exa API.