Legal Opinion

In re the Estate of Brainerd

New York Surrogate's Court

Decided December 12, 1938PublishedCited by 3 opinions

1Opinion of the Court

Wingate, S.

The question here raised concerns the propriety of the act of a trustee who has taken over securing realty in the process of salvaging certain mortgage investments, in paying to the life beneficiary rents received from such properties after deduction of current carrying charges, before complete repayment has been made of the new capital expended in taking over the property.

Three mortgage investments were the subject of salvage operations. The first was on premises 1938 Eighty-fifth street, in connection with which $902.68 of new capital was expended; $1,158.42 of such expenditures…

2Cases cited6 opinions

  1. In Re the Will of ChapalNew York Court of Appeals · 1936
  2. In Re the Accounting of Bankers Trust Company, as Trustee Under the Will of OtisNew York Court of Appeals · 1937
  3. In re the Estate of PelcygerNew York Surrogate's Court · 1936
  4. In re the Estate of OtisNew York Surrogate's Court · 1936
  5. In re the Estate of MartinNew York Surrogate's Court · 1937

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Estate of Van NostrandNew York Surrogate's Court · 1941
  2. In re the Estate of WestNew York Surrogate's Court · 1941
  3. In re the Estate of EmmerichNew York Surrogate's Court · 1940

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