Legal Opinion

In re the Estate of Brown

New York Surrogate's Court

Decided December 15, 1920PublishedCited by 7 opinions

Proceeding upon the accounting of a trustee.

1Opinion of the Court

Foley, S.

The net amount of the trust fund bequeathed to Fidelity Trust Company was $48,276.40. The cestui is entitled to the income earned thereon from the date of the death of testator to the date when the fund was set up, and the decree should so provide. Matter of Parkin, 190 App. Div. 875; Matter of Stanfield, 135 N. Y. 292. Interest on the legacy to Howard Chichester- should be paid from one year after the grant of letters. Interest should be figured on both of these legacies at the rate earned on the entire estate during that period. The delay was not occasioned by any neglect of the…

2Cases cited2 opinions

  1. Matter of StanfieldNew York Court of Appeals · 1892
  2. In re the Final Judicial Settlement of the Accounts of ParkinAppellate Division of the Supreme Court of the State of New York · 1920

3Cited by7 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
  2. In re the Estate of LathersNew York Surrogate's Court · 1930
  3. In re DarcyAppellate Division of the Supreme Court of the State of New York · 1928
  4. In re the Estate of BillingsNew York Surrogate's Court · 1930
  5. In re the Estate of FowlstonNew York Surrogate's Court · 1934

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