In re the Estate of Rogers
New York Surrogate's Court
Petition of the Rogers Locomotive & Machine Works against Thomas Rogers (in the matter of the estate of Jason Rogers, deceased) for an accounting of dealings with a trust, and. for payment of shares of the benefit assigned.
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Petition of the Rogers Locomotive & Machine Works against Thomas Rogers (in the matter of the estate of Jason Rogers, deceased) for an accounting of dealings with a trust, and. for payment of shares of the benefit assigned. The .petition in this matter, presented by the Rogers Locomotive & Machine Works, of the city of Páterson, N. J., shows that the will of the deceased, among other things, created a trust in favor of Thomas Rogers; that said Thomas Rogers & William Cauldwell are the present trustees; that more than a year has elapsed since the will was" admitted to probate; that the…
1Opinion of the Court
The Surrogate.
The petitioner has embarrassed che proceeding by praying for two different kinds of relief, the proceedings in which are regulated by different modes by the Code. By section 2804, where *641a person is entitled by the terms of the will to the payment of money by a testamentary trustee, he may petition for payment; and by the next section, if the trustee file an answer showing that it is doubtful whether the claim is valid and legal, and denying its validity or legality, the Surrogate shall make a decree dismissing the petition, etc. This, as will be séen by reference to the Code, is…
2Cases cited1 opinion
- Sanders v. . SoutterNew York Court of Appeals · 1891
3Cited by2 opinions
- In re Valentine's EstateNew York Surrogate's Court · 1893
- In re McCabeNew York Surrogate's Court · 1891