Legal Opinion

In re the Judicial Settlement of the Account of The People's Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 1915PublishedCited by 7 opinions

Appeal by The People’s Trust Company, as executor, from parts of a decree of the Surrogate’s Court, county of Nassau, entered in the office of said Surrogate’s Court on the 28th day of November, 1914, as resettled by an order entered therein on the 19th day of December, 1914, confirming the report of a referee.

1Opinion of the Court

Stapleton, J.:

This is an .appeal from so much of the decree, settling the account of a corporate executor, as surcharges that account with a sum of money which equals the difference between three per centum per annum for a fixed period, upon the corpus of an estate consisting of money, which the executor allowed in the account filed, and six per centum per annum thereon, which the surrogate determined should have been allowed. The determination was in accord with the contention of the residuary legatee, the sole party in interest, and with the report of the referee.

*700There is also an appeal…

2Cases cited3 opinions

  1. Herzog v. . the Title Guarantee and Trust CompanyNew York Court of Appeals · 1913
  2. Herzog v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
  3. Beckwith v. . the City of New YorkNew York Court of Appeals · 1913

3Cited by7 opinions

  1. In re the Judicial Settlement in the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1936
  2. Maryland National Bank v. CumminsCourt of Appeals of Maryland · 1991
  3. Estate of SmithCalifornia Court of Appeal · 1931
  4. First Nat. Bank of Opp v. WeaverSupreme Court of Alabama · 1932
  5. In re the Judicial Settlement of the Account of Bankers Trust Co.New York Surrogate's Court · 1927

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