In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.
New York Surrogate's Court
Proceeding upon the judicial settlement of the account of a trustee.
1Opinion of the Court
Ketcham, S.
In an annual accounting of a trustee the costs and expenses should be borne by the income unless they have been incurred in the administration, preservation or increase of the principal.
The cases of Chisholm v. Hammersley, 113 App. Div. 565; Robertson v. De Brulatour, 188 N. Y. 301, contain nothing to the contrary.
The first case arose under a deed of trust. There was, therefore, no need of an annual accounting and no danger that the principal might be seriously impaired by the costs of many successive accountings. The action was brought for *65the final adjustment of the trust both as…
2Cases cited1 opinion
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
3Cited by2 opinions
- In re the Estate of BoyleNew York Surrogate's Court · 1931
- In re the Estate of CothealNew York Surrogate's Court · 1923