In re Judicial Settlement of the Accounts of Proceedings of Curtiss & de Billier
Appellate Division of the Supreme Court of the State of New York
Appeal by William 0. Johnson and others from a-decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 28th day of March, 1896, settling the accounts of the - executors and trustees of the estate of Abijah ■Curtiss, deceased, and also from an interlocutory decree of said court entered in said clerk’s office on the -2d day of March, 1896.
1Opinion of the Court
Silkmae, S.:
The parties in interest unanimously consent to the resignation of Frederick de Billier as executor and trustee, and with equal *287unanimity oppose or regret tlie resignation of Frank Curtiss, the other executor and trustee. While the reasons given by the latter for relinquishing his trust are not such as would necessarily entitle him to be relieved, it seems unwise to compel an unwilling trustee to continue in office when his duties can be equally well performed by others.
Both of the trustees will be permitted to resign, but upon condition that they waive commissions as such trustees…
2Cited by15 opinions
- In Re the Judicial Settlement of the Accounts of RutledgeNew York Court of Appeals · 1900
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Estate of MohrNew York Surrogate's Court · 1938
- In re the Judicial Settlement of the Accounts of JohnsonAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Account of IngrahamNew York Surrogate's Court · 1908
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