In re the Judicial Settlement of the Account of Coombs

New York Surrogate's Court

In re the Judicial Settlement of the Account of Coombs

7 Mills Surr. 131, 62 Misc. 597, 116 N.Y.S. 1129

DecidedMarch 15, 1909

StatusPublished

This text of 7 Mills Surr. 131 (In re the Judicial Settlement of the Account of Coombs) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Judicial Settlement of the Account of Coombs, 7 Mills Surr. 131, 62 Misc. 597, 116 N.Y.S. 1129 (N.Y. Super. Ct. 1909).

Pincite

Opinion

Ketcham, S.

The trustees are right in imposing upon the fund, and not the income, the carrying charges of. the unimproved and unproductive property which they have withheld from market for the eventual benefit of the remainder. Matter of Martens, 16 Misc. Rep. 245; see also opinion of Mr. Surrogate Belford, in Matter of Knapp, filed April 13, 1908.

These trustees have acted in the exercise of a sound discretion, and the lands above mentioned, have all appreciated in value sufficiently to justify their management.

As to the Atlantic avenue lots, there is no evidence as to their improvement in value, and while in five years the disbursements ¡have been $210.11, the rent for the last year has been fifty dollars. Upon the evidence, no reason is perceived for laying the burden of any part of these outlays upon the life tenant.

With the exception last noted, the objections are overruled. ¡

Decreed accordingly.

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