Legal Opinion

In re the Judicial Settlement of the Account of Clyne

New York Surrogate's Court

Decided June 15, 1911PublishedCited by 4 opinions

Proceeding for the judicial settlement of the accounts of a testamentary trustee.

1Opinion of the Court

Ketcham, S.

The trustee under the will of the decedent above named alleges that, as trustee under the will of the decedent’s wife, she paid from the funds of the wife’s estate certain sums in partial discharge of a mortgage upon lands belonging to the estate of the husband; and, upon further averments tending to support the claim, she asks a decree that she, as trustee of the other estate, be subrogated to the rights of the mortgagee to whom such payment was made.

The question thus presented is of equitable cognizance and *236beyqnd the jurisdiction of this court (Bevan v. Cooper, 72 N. Y. 317;…

2Cases cited9 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. Cockrill v. CoxTexas Supreme Court · 1886
  3. Schmidt v. SchmidtSupreme Court of Minnesota · 1891
  4. Gustav Tolle v. Herman TolleTexas Supreme Court · 1907
  5. Gilruth v. GilruthSupreme Court of Iowa · 1875

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

3Cited by4 opinions

  1. Wainwright v. Bartlett, JudgeNevada Supreme Court · 1928
  2. In re MoodyIndiana Court of Appeals · 1921
  3. In re the Construction of the Last Will & Testament & Codicil Thereto of AllenNew York Surrogate's Court · 1920
  4. In re the Estate of HigginsNew York Surrogate's Court · 1913

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