Woodbridge v. . Bockes
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1901, affirming a judgment in favv. of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1901, affirming a judgment in favv. of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. This action was instituted by the plaintiff, as a substituted trustee under the will of Samuel Freeman, deceased, to compel her predecessor in the trust, the trustee named in the will, to account for the moneys and property of the trust estate and to pay over such as he may be found chargeable with. A trial was had and findings were made by the…
1Opinion of the CourtGkay, J.
Doubtless, the general rule in equity would require a trustee to account to his cestui gue trust in a proper case, and would require of him, when laying down his trust, upon a proper demand, to render an account of his management of the estate confided to him. The application of the rule, however, is complicated with such extraordinary facts, in the present case, as to make its enforcement questionable. The proceeding is in a court of equity and whether it will exbrcise its equitable jurisdiction, and grant the relief prayed for, will depend upon the facts, as well as upon the application of…
2Cases cited3 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Vetterlein v. BarnesSupreme Court of the United States · 1888
- Sherman v. . ParishNew York Court of Appeals · 1873
3Cited by30 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Matter of WentworthNew York Court of Appeals · 1920
- Lewis v. . HoweNew York Court of Appeals · 1903
- In re the Judicial Settlement of the Account of JarvisNew York Surrogate's Court · 1920
- In re the Accounting of Syracuse Trust Co.Appellate Division of the Supreme Court of the State of New York · 1946
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