Gunning v. Carman
New York Surrogate's Court
This was a proceeding for the final accounting of Charles E. Carman, trustee under the last will and testament of Richard F. Carman, deceased.
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This was a proceeding for the final accounting of Charles E. Carman, trustee under the last will and testament of Richard F. Carman, deceased. The trustee filed a supplemental account, pursuant to an order of the surrogate, setting forth the payment of certain assessments, together with the interest thereon, amounting to $1977.96. The assessments were levied upon certain real estate belonging to the cestuis-que-trust, purchased by the trustees on foreclosure of certain property forming a part of the trust fund, in which trust fund said Charles E. Carman had a life estate. The said Carman died…
1Opinion of the Court
The Surrogate.
—It seems to be conceded by the respective counsel that the real estate thus assessed has yielded no income in fact. On this subject the rule is, that if an assessment is made against the estate, or something in the nature of a permanent improvement or betterment of the whole estate, so that it may be actually and equitably divided between the tenant for life and remainderman, the equitable tenant for life must pay interest upon all incumbrances upon the estate, to the extent of the rents and profits, which would seem to indicate that in the absence of rents, or profits, or…
2Cases cited5 opinions
- Plympton v. Boston DispensaryMassachusetts Supreme Judicial Court · 1871
- Swaine v. PerineNew York Court of Chancery · 1821
- Stilwell v. DoughtyNew York Surrogate's Court · 1853
- Fleet v. DorlandNew York Supreme Court · 1854
- Williams v. CoxNew York Court of Chancery · 1837
3Cited by4 opinions
- Reyburn v. WallaceSupreme Court of Missouri · 1887
- In re the Judicial Settlement of the Estate of SchulzNew York Surrogate's Court · 1928
- Coleman v. ColemanNew York Surrogate's Court · 1882
- In re the Estate of HoneNew York Surrogate's Court · 1934