Robertson v. . De Brulatour
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1906, which modified and affirmed as modified a judgment entered upon the report of a referee in an action for an accounting. ■ The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1906, which modified and affirmed as modified a judgment entered upon the report of a referee in an action for an accounting. ■ The facts, so far as material, are stated in the opinion. Money obtained from the sale of real estate by a corporation previously used by the company for its business purposes, when distributed by the company, represents a distribution of corpus, and does not go to a life tenant of a trust holding stock of the company. (Matter of Rogers, 161 N. Y.…
1Opinion of the CourtGray, J.
The plaintiffs, as trustees under the will of J ohn T. Parish, who died in 1891, brought this action for an accounting and to have determined thereby questions, which have arisen upon conflicting claims of the cestui gue trust and of the remaindermen to moneys and securities distributed by corporations, whose stocks formed part of the capital of the trust fund, and questions relating to the trustees’ right to commissions upon the corgms of the trust and to their management thereof. The sixth clause of the will provides for the trust in the following language :
“ Sixth: I give and bequeath to…
2Cases cited11 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- McLouth v. . HuntNew York Court of Appeals · 1897
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
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3Cited by80 opinions
- In Re the Accounting of OsborneNew York Court of Appeals · 1913
- Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
- Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- United States Trust Co. v. . HeyeNew York Court of Appeals · 1918
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