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In re the Estate of Brown

Matter of the Estate of William H. Brown

In re the Estate of Brown, 115 Misc. 710 (N.Y. Sur. Ct. 1920)
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Court
New York Surrogate's Court · State Specialty Courts
Decided
December 15, 1920
Judges
Foley
Citations
115 Misc. 710
Headnotes
Interest on legacy should be paid from one year after the grant of letters — interest on trust fund from date of death of testator — rate of interest.
Summary
Proceeding upon the accounting of a trustee.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Foley

Text extracted by OCR from a scanned original; check the original for exact wording.

Foley, S.

The net amount of the trust fund bequeathed to Fidelity Trust Company was $48,276.40. The cestui is entitled to the income earned thereon from the date of the death of testator to the date when the fund was set up, and the decree should so provide. Matter of Parkin, 190 App. Div. 875 ; Matter of Stanfield, 135 N. Y. 292 . Interest on the legacy to Howard Chichester- should be paid from one year after the grant of letters. Interest should be figured on both of these legacies at the rate earned on the entire estate during that period. The delay was not occasioned by any neglect of the executor. The estate was in litigation, and the title to the whole estate was involved. The account shows that both the legacies were paid as soon as the executor could properly do so.

Decreed accordingly.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1926: 21928: 11930: 21934: 219262026peak 1926 · 2

Relies on it most ⓘ

  1. In re the Estate of Gleason154 Misc. 208 (N.Y. Sur. Ct. 1934)
  2. In re the Judicial Settlement of the Account of Proceedings of Arnolt127 Misc. 579 (N.Y. Sur. Ct. 1926)
  3. In re the Estate of Lathers137 Misc. 222 (N.Y. Sur. Ct. 1930)
  4. In re Darcy225 A.D. 118 (1928)
  5. In re the Estate of Billings137 Misc. 758 (N.Y. Sur. Ct. 1930)
  6. In re the Estate of Fowlston150 Misc. 387 (N.Y. Sur. Ct. 1934)

Most recent

  1. In re the Estate of Gleason154 Misc. 208 (N.Y. Sur. Ct. 1934)
  2. In re the Estate of Fowlston150 Misc. 387 (N.Y. Sur. Ct. 1934)
  3. In re the Estate of Billings137 Misc. 758 (N.Y. Sur. Ct. 1930)
  4. In re the Estate of Lathers137 Misc. 222 (N.Y. Sur. Ct. 1930)
  5. In re Darcy225 A.D. 118 (1928)
  6. In re the Judicial Settlement of the Account of Proceedings of Arnolt127 Misc. 579 (N.Y. Sur. Ct. 1926)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
In re Stanfield, 31 N.E. 1013 (N.Y. 1892) 75
In re the Final Judicial Settlement of the Accounts of Parkin, 190 A.D. 875 (1920) 6

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