MATTER OF DAVIES


197 Misc. 827 (1950)

In the Matter of The Estate of Laurence Davies, Deceased.

Surrogate's Court, New York County.

February 3, 1950.


Attorney(s) appearing for the Case

Ehrich, Royall, Wheeler & Holland for Manfred W. Ehrich, as trustee under the will of Laurence Davies, deceased, petitioner.

J. Quincy Hunsicker, III, and Hewitt A. Conway for Central Hanover Bank & Trust Company, as contingent trustee under the will of Laurence Davies, deceased, respondent.

Francis X. Mancuso, special guardian for Michel L. Davies and another, infants, respondents.

S. Arthur Glixon and Jerome M. Klein, as committee of Lottie E. Davies, an incompetent, respondent.

Nathaniel L. Goldstein, Attorney-General (P. Hodges Combier of counsel), for charities, respondent.

Mitchell, Capron, Marsh, Angulo & Cooney for Manhattan Eye, Ear, Nose & Throat Hospital, respondent.

Proskauer, Rose, Goetz & Mendelsohn for Federation of Jewish Philanthropies of New York, respondent.

Benjamin, Galton & Robbins for Mt. Sinai Hospital, respondent.


COLLINS, S.

In Matter of Ottman (197 Misc. 645) this court applied what has heretofore been considered the well-established rule that a trustee is not permitted to charge against trust income an amount to offset the depreciation of real property held in trust, unless the will of the testator discloses an intent that such a reserve be maintained. The pending proceeding...

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