Legal Opinion

In re the Estate of Kruger

New York Surrogate's Court

Decided April 22, 1931PublishedCited by 21 opinions

1Opinion of the Court

Wingate, S.

From the days of the Evangelists, if not earlier, it has been recognized that one of the primary duties of a fiduciary is to make productive the fund in his hands and not to keep it “ laid up in a napkin.” (Luke 19:20-23; Matt. 25:14-28.)

This obligation has received repeated and universal recognition by the courts of this country since the earliest times, it being recognized that an executor or other representative who, through neglect, fails to obtain interest on funds in his hands, becomes personally liable for the equivalent. (De Peyster v. Clarkson, 2 Wend. 78, 87, 88; Dunscomb…

2Cases cited51 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  3. Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
  4. Marine Bank v. Fulton BankSupreme Court of the United States · 1865
  5. Adair v. . BrimmerNew York Court of Appeals · 1878

46 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In re the Estate of McCaffertyNew York Surrogate's Court · 1933
  2. In re the Accounting of SchneiderNew York Surrogate's Court · 1950
  3. In re the Estate of AyvazianNew York Surrogate's Court · 1934
  4. In re the Estate of BurroughsNew York Surrogate's Court · 1935
  5. Kress v. Central Trust Co.New York Supreme Court · 1934

16 more not listed; retrieve them via the Exa API.

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