Spear v. Tinkham
New York Court of Chancery
This was an appeal from the sentence and decree of the surrogate of Ontario county, upon the final settlement of the account of the appellant, as the executor of J. Tinkham, deceased. The testator died in 1822, leaving his wife and three children surviving him. By his will he bequeathed to his widow the use and occupation of his personal property; and directed that the Baptist Church in Palmyra should have the guardianship and control of such use, for her benefit.
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This was an appeal from the sentence and decree of the surrogate of Ontario county, upon the final settlement of the account of the appellant, as the executor of J. Tinkham, deceased. The testator died in 1822, leaving his wife and three children surviving him. By his will he bequeathed to his widow the use and occupation of his personal property; and directed that the Baptist Church in Palmyra should have the guardianship and control of such use, for her benefit. And after the decease of the widow, he gave the property to his son and two daughters. The estate of the testator, after payment…
1Opinion of the Court
The Chancellor.
The surrogate adopted the legal mode in computing the interest, in this case, if any interest account was proper in settling the account between the executors and those who were entitled to the personal property after the death of the widow. Where an executor mixes up the trust funds with his own, or neglects to keep regular accounts of the investments and interest received upon such funds from time to time, there is no other way in which justice can be done to the cestuis que trust, than to charge him with interest as if the fund had been-kept invested upon interest, payable…
2Cited by26 opinions
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
- Gaede v. CarrollSupreme Court of New Jersey · 1933
- Livingston v. . MurrayNew York Court of Appeals · 1877
- In re the Judicial Settlement of the Account of the First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Westcott v. NickersonMassachusetts Supreme Judicial Court · 1876
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