In Re the Judicial Settlement of the Account of Nesmith
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the second judicial department, made the second Monday of May, 1893, which affirmed a decree of the Surrogate’s Court of Kings county settling the accounts of the petitioner as the sole surviving trustee under a codicil to the will of James Nesmith, deceased. > 'The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme 'Court in the second judicial department, made the second Monday of May, 1893, which affirmed a decree of the Surrogate’s Court of Kings county settling the accounts of the petitioner as the sole surviving trustee under a codicil to the will of James Nesmith, deceased. > 'The facts, so far as material, are stated in the opinion. The trustee should be charged with interest at the legal rate upon all moneys deposited in his private bank account in the name of Nesmith & Sons. (Dunscombe v. Dunscombe, 1 Johns. 508; Ex parte Townsend, 15 Ves.…
1Opinion of the CourtGray, J.
James Nesmith, the testator, died in 1872; leaving a last will and testament; by a second codicil to which he created an express trust during the lives of his two sons, James I. and Henry E. Nesmith, who were also named as trustees, affecting certain valuable property, consisting in warehouse, piers and wharves in the city of Brooklyn, which were known and described as the “ Empire Stores.” In 1886 James I. Nesmith died and since then Henry E. Nesmith has. acted as the sole surviving trustee. This proceeding was instituted by the trustee to obtain a judicial settlement of his accounts for the…
2Cases cited3 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Jacot v. EmmettNew York Court of Chancery · 1844
- Price v. . HolmanNew York Court of Appeals · 1892
3Cited by16 opinions
- In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Accounting of PershanNew York Surrogate's Court · 1949
- In re the Judicial Settlement of the Accounts of JohnsonAppellate Division of the Supreme Court of the State of New York · 1901
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