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In re the Estate of Watson

In the Matter of the Estate of Arthur W. Watson

In re the Estate of Watson, 145 Misc. 425 (N.Y. Sur. Ct. 1931)
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Court
New York Surrogate's Court · State Specialty Courts
Decided
April 21, 1931
Judges
Howell
Citations
145 Misc. 425261 N.Y.S. 3271931 N.Y. Misc. LEXIS 1804

Opinion of the Court — Howell

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Howell, S.

I cannot find in this will an authority to hold these stocks as a permanent investment. I do feel that the trustees should have such time as good sound judgment may require to protect the estate against the sale of sound securities in a market that is of common knowledge depressed.

There is no advantage to an estate to arbitrarily, even under statute, deplete the estate.

The trustees are held to a diligent protection of the estate, and such exercise of judgment in the present condition of the market should not be marked arbitrarily by months.

I like the rule laid down in Matter of Weston ( 91 N. Y. 502 ), where the court says: “ Where no modifying facts are shown to shorten or lengthen the reasonable time, the period of eighteen months may serve as a just standard,” although it was also held that “ while such period furnishes a convenient guide where no special circumstances exist, it must, after all not be taken as a fixed or arbitrary standard. The test must remain, the diligence and prudence of prudent and intelligent men in the management of their own affairs.”

How later courts describe this case

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

1935: 11938: 219352026peak 1938 · 2

Relies on it most ⓘ

  1. In re the Estate of Cuddeback168 Misc. 698 (N.Y. Sur. Ct. 1938)
  2. In re the Estate of Wainwright157 Misc. 531 (N.Y. Sur. Ct. 1935)
  3. In re the Judicial Settlement of the Account of Proceedings of Bossie166 Misc. 768 (N.Y. Sur. Ct. 1938)

Most recent

  1. In re the Estate of Cuddeback168 Misc. 698 (N.Y. Sur. Ct. 1938)
  2. In re the Judicial Settlement of the Account of Proceedings of Bossie166 Misc. 768 (N.Y. Sur. Ct. 1938)
  3. In re the Estate of Wainwright157 Misc. 531 (N.Y. Sur. Ct. 1935)

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 1

DepthCaseCited by
In the Matter, Etc., of Estate of Weston, 91 N.Y. 502 (1883) 68

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