People's Trust Co. v. Harman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sarah Elizabeth Harman Schwalbach :and Ida S. Smith, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 9th day of March, 1899, upon the report of a referee judicially settling the account of the People’s Trust Company, as trustee .under the last will and testament of Margarethe Herrmann, deceased. '
1Opinion of the Court
Goodrich, P. J.:
The plaintiff is in possession of a fund of about $5,000 which it ■claims to have received as substituted trustee under the will of Margarethe Herrmann (or, as she was sometimes called, Margarethe Harman), deceased. This action is brought to settle the accounts and distribute the fund among the parties entitled thereto. The action was referred, and upon the report of the referee a judgment was ■entered ordering, among other things, payment of two-sixteenths of' the fund to Ida S. Smith' and two-sixteenths to George A. Kuhl. From this part of the decree the defendant Sarah E.…
2Cases cited3 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Mead v. LangfordNew York Supreme Court · 1890
3Cited by2 opinions
- In re the Estate of DonnellyNew York Surrogate's Court · 1935
- Delaware National Bank of Delhi v. Wiss, New York County Courts1936