Legal Opinion · Dissent

In re Doelger

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

Decided May 13, 1938Published

1DissentTownley, J.

This is an appeal by the trustees of the estate of Peter Doelger from a decree in an accounting proceeding surcharging them with the loss resulting from certain investments in real estate, bank stocks, second mortgages and other securities not legal investments for trust estates.

The late Peter Doelger owned a prosperous brewing business and he also had large amounts of money invested in real estate, bonds, his private home, mortgages and selected common stocks. It was his desire to set up various trust estates for his children and for their descendants. The residue of the estate was left to…

2Cases cited7 opinions

  1. Accounting of Parascandola v. National Surety Co.New York Court of Appeals · 1928
  2. Farmers' Loan & Trust Co. v. PiersonNew York Supreme Court · 1927
  3. Boyle v. John Boyle & Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Denike v. . HarrisNew York Court of Appeals · 1881
  5. In re the Estate of GerbereuxNew York Surrogate's Court · 1933

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