In re the Judicial Settlement of the Accounts of McQuade
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary A. McQuade, a .beneficiary, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 26th day of September, 1912, denying her motion to compel the Central Trust Company of New York, as substituted trustee, to pay her $1,000 on account of income.
1Opinion of the Court
Dowling, J.:
The affirmance of the order of the Surrogate’s Court involved in the other appeal in this proceeding* has confirmed the disposition made by the learned surrogate of the question as to the distribution of the shortage in this estate as between the principal and income accounts thereof.
This appeal presents a supplementary question to that, but of a different nature. We are of the opinion that the income received by the substituted trustee cannot be applied to make good the deficiency, either in the principal or income account, or both, of the estate, arising from the handling of its…
2Cases cited2 opinions
- In re the Judicial Settlement of the Accounts of HuntAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of ByrnesNew York Surrogate's Court · 1891
3Cited by3 opinions
- In re McQuadeAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of VoiceNew York Surrogate's Court · 1962
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1916