In re Westerfield
Appellate Division of the Supreme Court of the State of New York
Appeal by Thomas Rogers and others from a decree of the Sur-Togate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 16th day of September, 1899, settling the accounts of the trustees under the last will and testament of Jason Rogers, deceased.
1Opinion of the Court
Hatch, J.:
When the several appeals in this matter were before us upon a former heaiing, we held that, upon the proof then appearing, Thomas Rogers was not liable for the devastavit of the estate by his cotrustee for the reason that he was excluded from the management of the same, so far as it related to the custody of the securities, the reception of its moneys and their disbursement in the course of the administration of ■ the trust. The reasons for such conclusion are fully set out in our former opinion, and need not be again rehearsed. (Matter of Westerfield, 32 App. Div. 324.) After such…
2Cases cited10 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by7 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Parker v. RogersonAppellate Division of the Supreme Court of the State of New York · 1975
- American Bonding Co. of Baltimore v. RichardsonCourt of Appeals for the Sixth Circuit · 1914
- Westerfield v. . RogersNew York Court of Appeals · 1903
- Westerfield v. RogersAppellate Division of the Supreme Court of the State of New York · 1901
2 more not listed; retrieve them via the Exa API.