In re the Judicial Settlement of the Accounts of the First Trust & Deposit Co.

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of the First Trust & Deposit Co.

238 A.D. 759

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1933·Published

Opinion

Memorandum. We are of the opinion that the management of this residuary estate and its distribution after the termination of the lives of Mary J. and Garrett Doyle are, under the terms of this will, executorial functions and that the will does not fix a definite time when the duties of the executors cease as such and the duties of the same persons as trustees begin. The two classes of duties run along together. (McAlpine v. Potter, 126 N. Y. 285; Matter of Slocum, 169 id. 153; Matter of Zeigler, 168 App. Div. 735; affd., 218 N. Y. 544; Leask v. Beach, [760] 173 App. Div. 873; and see Matter of Glenn, 231 id. 681, and Matter of Abrahams, 136 Misc. 538.) All concur. Decree modified on the law so as to determine the account to be intermediate andas so modified affirmed, with costs to the appellant payable out of the estate.

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

Memorandum. We are of the opinion that the management of this residuary estate and its distribution after the termination of the lives of Mary J. and Garrett Doyle are, under the terms of this will, executorial functions and that the will does not fix a definite time when the duties of the executors cease as such and the duties of the same persons as trustees begin. The two classes of duties run along together. (McAlpine v. Potter, 126 N. Y. 285; Matter of Slocum, 169 id. 153; Matter of Zeigler, 168 App. Div. 735; affd., 218 N. Y. 544; Leask v. Beach, [760] 173 App. Div. 873; and see Matter of Glenn, 231 id. 681, and Matter of Abrahams, 136 Misc. 538.) All concur. Decree modified on the law so as to determine the account to be intermediate andas so modified affirmed, with costs to the appellant payable out of the estate.

In re the Judicial Settlement of the Accounts of the First Trust & Deposit Co., 238 A.D. 759 (N.Y. Ct. App. 1933).

Pincite

238 A.D. 759 (In re the Judicial Settlement of the Accounts of the First Trust & Deposit Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related