In re the Judicial Settlement of the Accounts of Young
Appellate Division of the Supreme Court of the State of New York
Appeal by Catharine Ann Cornell and another from the following portions of a decree of the Surrogate’s Court of the county of Ulster,, entered in said Surrogate’s Court on the 8th day of September, 1896: From the said decree in so far as the same overrules the objections to the said accounts filed by the said Catharine Ann Cornell and Nellie L. Carpenter.
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Appeal by Catharine Ann Cornell and another from the following portions of a decree of the Surrogate’s Court of the county of Ulster,, entered in said Surrogate’s Court on the 8th day of September, 1896: From the said decree in so far as the same overrules the objections to the said accounts filed by the said Catharine Ann Cornell and Nellie L. Carpenter. Also, from that part of the said decree wherein and whereby it is ordered, adjudged and decreed, “ that the moneys paid by the said trustee to Henry C. Soop, his counsel, to Richard Jones, his accountant, to Edward Derrenbaclier, his clerk,…
1Opinion of the Court
Parker, P. J.:
I am of the opinion that the decree of the surrogate in this matter is correct, except in so far as it allows, as a credit to the trustee, the item of $200 per month as extra compensation for his services.
Under the provisions of the will, it was his duty to account for and pay over all the “ net income ” realized from the estate. It was to ascertain how much of such income he had in his hands "that the accounting was ordered.
By “ net income ” is meant the income derived from the whole property less the necessary expenses incurred in its management and disbursements incurred on…
2Cases cited1 opinion
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
3Cited by10 opinions
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of BommerNew York Surrogate's Court · 1936
- In re the Estate of BloomingdaleNew York Surrogate's Court · 1939
- In re the Estate of ShepardNew York Surrogate's Court · 1930
- Furniss v. CruikshankAppellate Division of the Supreme Court of the State of New York · 1920
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