Matter of Rees

CourtNew York Court of Appeals
Citation302 N.Y. 647
Decision Date01 March 1951
PartiesIn the Matter of The Estate of Tom Rees, Deceased. In the Matter of the Accounting of W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased. Trustees of Bryn Seion Welsh Congregational Church et al., Appellants; W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased, et al., Respondents.

302 N.Y. 647

In the Matter of The Estate of Tom Rees, Deceased. In the Matter of the Accounting of W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased. Trustees of Bryn Seion Welsh Congregational Church et al., Appellants; W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased, et al., Respondents.

Argued November 20, 1950.Decided March 1, 1951


Robert W. Owens, Jr., Edward S. Bentley and Sperry Butler for appellants.

Alfred Rathheim, Morris Buchter, Harold M. Hoffman and Alvin L. Kassel for W. Clifford Roderick, respondent.

James E. Bennet, Jr., for Elizabeth A. Morgan and another, respondents.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.

Order modified to the extent of crediting the sum of $100 paid from estate funds to purchase Lettice Davies' legacy, and, as so modified, affirmed, with costs and printing disbursements in all courts to the appellants payable out of the estate. No opinion.

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2 practice notes
  • Brush's Estates, In re
    • United States
    • New York Surrogate Court
    • March 24, 1965
    ...(Stevens v. Melcher, 152 N.Y. 551, 583, 46 N.E. 965, 974; Matter of Rees's Will, 277 App.Div. 839, 97 N.Y.S.2d 606, affd. on this point 302 N.Y. 647, 98 N.E.2d 114; Matter of Bloomingdale's Estate, 172 Misc. 218, 14 N.Y.S.2d 845; Matter of Welling's Estate, 26 Misc.2d 182, 203 N.Y.S2d Page ......
  • In the Matter of Kaskawits, 2009 NY Slip Op 52317(U) (N.Y. Surr. Ct. 10/5/2009), 1993-1820/E
    • United States
    • New York Surrogate Court
    • October 5, 2009
    ...to trust funds (see Matter of Schiach, 55 AD2d 914 [1977], leave denied 42 NY2d 802 [1977]; Matter of Rees, 277 App Div 857 [1950], aff'd 302 NY 647 [1951]). Petitioner's admission that he took trust funds, coupled with his failure to pay interest on the improper withdrawal, establish his w......
2 cases
  • Brush's Estates, In re
    • United States
    • New York Surrogate Court
    • March 24, 1965
    ...(Stevens v. Melcher, 152 N.Y. 551, 583, 46 N.E. 965, 974; Matter of Rees's Will, 277 App.Div. 839, 97 N.Y.S.2d 606, affd. on this point 302 N.Y. 647, 98 N.E.2d 114; Matter of Bloomingdale's Estate, 172 Misc. 218, 14 N.Y.S.2d 845; Matter of Welling's Estate, 26 Misc.2d 182, 203 N.Y.S2d Page ......
  • In the Matter of Kaskawits, 2009 NY Slip Op 52317(U) (N.Y. Surr. Ct. 10/5/2009), 1993-1820/E
    • United States
    • New York Surrogate Court
    • October 5, 2009
    ...to trust funds (see Matter of Schiach, 55 AD2d 914 [1977], leave denied 42 NY2d 802 [1977]; Matter of Rees, 277 App Div 857 [1950], aff'd 302 NY 647 [1951]). Petitioner's admission that he took trust funds, coupled with his failure to pay interest on the improper withdrawal, establish his w......

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