Legal Opinion

Garczynski v. Russell

New York Supreme Court

Decided February 15, 1894PublishedCited by 6 opinions

Appeal from special term, Broome county. Action by Caroline B. Garczynsld against Dorr Russell, individually, and as executor of, and trustee under, the will of Lucy G. Russell, deceased, and others. From an order made on January 17, 1893, settling the form of the judgment to be entered on the report of the referee, to whom the cause had been referred to-hear and determine all the issues' therein, defendants appeal. Reversed.

1Opinion of the CourtMartin, J.

A portion of the relief demanded in the plaintiff’s complaint was that an accounting should be had by the estate of' Lucy G. Russell, and the interlocutory judgment, entered in pursuance thereof, contained the following provision:

“Fourth. That the plaintiff is entitled to have a fair and full accounting-of the estate of the said Lucy G. Russell, and particularly of the said railroad stocks, securities, and other property, transferred to the said Lucy G. Russell by the said Dorr Russell, and of the proceeds and avails thereof, and of all moneys and property received by her, directly or…

2Cases cited2 opinions

  1. Maicas v. . LeonyNew York Court of Appeals · 1889
  2. Seymour v. Spring Forest Cemetery Ass'nNew York Supreme Court · 1892

3Cited by6 opinions

  1. Pinsker v. PinskerAppellate Division of the Supreme Court of the State of New York · 1899
  2. Abrams v. Textile Realty Corp.New York Supreme Court · 1949
  3. Davis v. HoranAppellate Division of the Supreme Court of the State of New York · 1933
  4. Albany Brass & Iron Co. v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1898
  5. Garczynski v. RussellAppellate Division of the Supreme Court of the State of New York · 1897

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