In re the Judicial Settlement of the Account of Proceedings of Reynolds

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Proceedings of Reynolds

260 A.D. 988, 23 N.Y.S.2d 284, 1940 N.Y. App. Div. LEXIS 5706

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

DecidedNovember 8, 1940

StatusPublished

This text of 260 A.D. 988 (In re the Judicial Settlement of the Account of Proceedings of Reynolds) 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 Judicial Settlement of the Account of Proceedings of Reynolds, 260 A.D. 988, 23 N.Y.S.2d 284, 1940 N.Y. App. Div. LEXIS 5706 (N.Y. Ct. App. 1940).

Pincite

Opinion

— Decree so far as appealed from affirmed, without costs of this appeal to any party. Memorandum: While it is trae that a trustee owes no duty beyond administering the trust estate with the same skill and prudence that a careful business man would apply to his own affairs under like circumstances (King v. Talbot, 40 N. Y. 76), and while a trustee is not charged with the duty of being a prophet of future events (Matter of Clark, 257 N. Y. 132), still a careful study of the record reveals that the surrogate’s findings are supported by the evidence, and we fail to find any material errors in the record. All concur. (The portion of the decree appealed from sustains objections to the accounts of the executrix [989]*989and surcharges the estate of C. Ernest E. Reynolds with the amount of a mortgage held to be dissipated and with the amount of taxes paid on the property covered by the mortgage.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Decree so far as appealed from affirmed, without costs of this appeal to any party. Memorandum: While it is trae that a trustee owes no duty beyond administering the trust estate with the same skill and prudence that a careful business man would apply to his own affairs under like circumstances (King v. Talbot, 40 N. Y. 76), and while a trustee is not charged with the duty of being a prophet of future events (Matter of Clark, 257 N. Y. 132), still a careful study of the record reveals that the surrogate’s findings are supported by the evidence, and we fail to find any material errors in the record. All concur. (The portion of the decree appealed from sustains objections to the accounts of the executrix [989]*989and surcharges the estate of C. Ernest E. Reynolds with the amount of a mortgage held to be dissipated and with the amount of taxes paid on the property covered by the mortgage.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

260 A.D. 988, 23 N.Y.S.2d 284, 1940 N.Y. App. Div. LEXIS 5706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-proceedings-of-reynolds-nyappdiv-1940.

Opinion

Related

Cite This Page — Counsel Stack