Legal Opinion

In Re the Accounting of Bankers Trust Company, as Trustee Under the Will of Otis

New York Court of Appeals

Decided November 23, 1937PublishedCited by 42 opinions

1Opinion of the CourtLoughran, J.

This case presents afterparts of the problem dealt with in Matter of Chapal (269 N. Y. 464).

In that case testamentary trustees had acquired several parcels of unproductive real property through the fore closure of mortgages in which they had invested pursuant to authority conferred by the will of their testator. It was assumed by the parties that each parcel would ultimately be liquidated by a sale for all cash, with loss to both principal and income. The question was how in that event the respective interests of life tenant and remaindermen were to be adjusted.

We there approved the ruling of…

2Cases cited7 opinions

  1. Heiman v. BishopNew York Court of Appeals · 1936
  2. In Re the Will of ChapalNew York Court of Appeals · 1936
  3. In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
  4. In Re the Judicial Settlement of the Account of RogersNew York Court of Appeals · 1899
  5. Meldon v. DevlinAppellate Division of the Supreme Court of the State of New York · 1898

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3Cited by42 opinions

  1. Demorest v. City Bank Farmers Trust Co.Supreme Court of the United States · 1944
  2. Nirdlinger's EstateSupreme Court of Pennsylvania · 1938
  3. In Re the Estate of WestNew York Court of Appeals · 1943
  4. Johnston v. HelveringCourt of Appeals for the Second Circuit · 1944
  5. Johnston v. CommissionerUnited States Tax Court · 1942

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