Legal Opinion
In re the Estate of Herb
New York Surrogate's Court
Decided April 5, 1937PublishedCited by 22 opinions
1Opinion of the Court
Delehanty, S.
The power of sale given to the executors and trustees in paragraph seventh of the will is not inconsistent with the provisions of paragraph sixth directing the executors and trustees to retain the securities owned by deceased at his death if they are reasonably safe. While the latter provision directs the retention of such securities it does not prohibit sale whenever in the judgment of the executors and trustees the retention of any security would result in loss to the estate or trusts. The second clause of paragraph sixth shows clearly that the direction to retain securities…
2Cases cited21 opinions
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Swan v. Swan'sSupreme Court of Virginia · 1923
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In re the Accounting of MacFarlaneNew York Surrogate's Court · 1951
- Dowsett v. Hawaiian Trust CompanyHawaii Supreme Court · 1964
- In re the Accounting of Van ArsdaleNew York Surrogate's Court · 1947
- Cooke v. CookeAppellate Division of the Supreme Court of the State of New York · 1956
- In re the Estate of HoweNew York Surrogate's Court · 1959
17 more not listed; retrieve them via the Exa API.