In re the Judicial Settlement of the Account of Gillroy

New York Surrogate's Court

In re the Judicial Settlement of the Account of Gillroy

6 Mills Surr. 107, 53 Misc. 243, 104 N.Y.S. 716

DecidedFebruary 15, 1907

StatusPublished

This text of 6 Mills Surr. 107 (In re the Judicial Settlement of the Account of Gillroy) 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.

Bluebook

In re the Judicial Settlement of the Account of Gillroy, 6 Mills Surr. 107, 53 Misc. 243, 104 N.Y.S. 716 (N.Y. Super. Ct. 1907).

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Opinion

Thomas, S.

A trustee does not become liable to his beneficiaries merely because an adverse decision is rendered against -him in an action brought by him in the interest of the estate, but only when it is shown by competent evidence that he has suffered such defeat by his own fraud, collusion or gross negligence. 'The judgment in the Supreme Court action was obtained because the defendant in that action was believed by the referee in opposition to the oath of the trustee as to an alleged statement of an account. The judgment thus rendered is not binding as an estoppel between the trustee and his beneficiaries on an issue as to his good faith in his dealings as trustee, and the testimony given against him in that action is, for the purposes of the present proceeding, mere hearsay. The objection as to the $401 item is overruled.

Decreed accordingly.

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Thomas, S.

A trustee does not become liable to his beneficiaries merely because an adverse decision is rendered against -him in an action brought by him in the interest of the estate, but only when it is shown by competent evidence that he has suffered such defeat by his own fraud, collusion or gross negligence. 'The judgment in the Supreme Court action was obtained because the defendant in that action was believed by the referee in opposition to the oath of the trustee as to an alleged statement of an account. The judgment thus rendered is not binding as an estoppel between the trustee and his beneficiaries on an issue as to his good faith in his dealings as trustee, and the testimony given against him in that action is, for the purposes of the present proceeding, mere hearsay. The objection as to the $401 item is overruled.

Decreed accordingly.

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Bluebook (online)

6 Mills Surr. 107, 53 Misc. 243, 104 N.Y.S. 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-gillroy-nysurct-1907.