In re the Accounting by Mahar

Appellate Division of the Supreme Court of New York

In re the Accounting by Mahar

167 A.D. 943, 152 N.Y.S. 1126

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1915

StatusPublished

This text of 167 A.D. 943 (In re the Accounting by Mahar) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting by Mahar, 167 A.D. 943, 152 N.Y.S. 1126 (N.Y. Ct. App. 1915).

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Opinion

Assuming the regularity of the order appealed from, we think the circumstances shown in the moving papers did not justify the relief granted to respondent. The trustee is under a large bond, and the duties of the trust terminate necessarily on July 5, 1918. Proceedings to settle his account as trustee should not be multiplied at the expense of the estate. The order is, therefore, reversed, with ten dollars costs and disbursements, and respondent’s motion is denied without prejudice to any proceedings that may be instituted either by the trustee or by any of the beneficiaries on the termination of the trust on July 5,1915. Jenks, P. J., Burr, Carr, Rich and Putnam, JJ., concurred.

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Assuming the regularity of the order appealed from, we think the circumstances shown in the moving papers did not justify the relief granted to respondent. The trustee is under a large bond, and the duties of the trust terminate necessarily on July 5, 1918. Proceedings to settle his account as trustee should not be multiplied at the expense of the estate. The order is, therefore, reversed, with ten dollars costs and disbursements, and respondent’s motion is denied without prejudice to any proceedings that may be instituted either by the trustee or by any of the beneficiaries on the termination of the trust on July 5,1915. Jenks, P. J., Burr, Carr, Rich and Putnam, JJ., concurred.

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167 A.D. 943, 152 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-by-mahar-nyappdiv-1915.