In Re the Accounting of McDowell
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 10, 1920, which modified and affirmed as modified a decree of the Chemung County Surrogate’s Court settling the accounts of the trustees under the will of Robert M. McDowell, deceased, and surcharging them with $62,970, the amount invested by them in certain securities, which have since defaulted and were not at the time of purchase seasoned and proper…
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 10, 1920, which modified and affirmed as modified a decree of the Chemung County Surrogate’s Court settling the accounts of the trustees under the will of Robert M. McDowell, deceased, and surcharging them with $62,970, the amount invested by them in certain securities, which have since defaulted and were not at the time of purchase seasoned and proper investments for trust funds; also surcharging them with interest on the amount so invested.
1Opinion of the Court
Order of Appellate Division and decree of surrogate modified by striking out provision surcharging accounts of trustees with the sum of $13,445, invested in Rochester, Syracuse and Eastern railway bonds and certain interest; also by inserting a clause providing that on payment of sum charged against them as invested in certain other securities mentioned in the decree, the trustees be subrogated to the rights of estate to said securities, and as so modified said order of Appellate Division is affirmed, without costs to either party; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound,…
2Cited by11 opinions
- In re NewhoffAppellate Division of the Supreme Court of the State of New York · 1985
- Newhoff v. Rankow, Cohen & Isaac, P. C.New York Surrogate's Court · 1980
- In re the Estate of SwartzNew York Surrogate's Court · 1937
- In re the Accounting of WindNew York Surrogate's Court · 1955
- In re the Estate of MaloneyNew York Surrogate's Court · 1923
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