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

Appellate Division of the Supreme Court of New York

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

249 A.D. 832, 292 N.Y.S. 539, 1937 N.Y. App. Div. LEXIS 9909

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

DecidedJanuary 15, 1937

StatusPublished

This text of 249 A.D. 832 (In re the Judicial Settlement of the Account of Proceedings of Stoll) 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 Stoll, 249 A.D. 832, 292 N.Y.S. 539, 1937 N.Y. App. Div. LEXIS 9909 (N.Y. Ct. App. 1937).

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Opinion

In a proceeding to settle the accounts of the exeeutors-trustees, appellants’ objection to the account as shown in Schedule C, section 2, was overruled, and the taxes on certain real property in the trust were ordered charged against principal and not against income. Decree of the Surrogate’s Court of Nassau county modified so as to provide that the objection be sustained and that the taxes on the real property owned by the decedent at the time of his death be charged against income. As so modified, the decree is unanimously affirmed, with costs, payable out of the estate, to all parties filing briefs. It does not appear from the will or from any circumstance in the case that there is a clear intention to deviate from the application of the general rule charging the expenses of real property in trust to income. Present •— Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ.

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In a proceeding to settle the accounts of the exeeutors-trustees, appellants’ objection to the account as shown in Schedule C, section 2, was overruled, and the taxes on certain real property in the trust were ordered charged against principal and not against income. Decree of the Surrogate’s Court of Nassau county modified so as to provide that the objection be sustained and that the taxes on the real property owned by the decedent at the time of his death be charged against income. As so modified, the decree is unanimously affirmed, with costs, payable out of the estate, to all parties filing briefs. It does not appear from the will or from any circumstance in the case that there is a clear intention to deviate from the application of the general rule charging the expenses of real property in trust to income. Present •— Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ.

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Bluebook (online)

249 A.D. 832, 292 N.Y.S. 539, 1937 N.Y. App. Div. LEXIS 9909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-proceedings-of-stoll-nyappdiv-1937.