Matter of Williams

2 Citing cases

  1. Bolmer v. United States Fidelity Guaranty Co.

    11 F. Supp. 560 (W.D. Ky. 1935)   Cited 4 times

    No money came into his hands as a result of the execution of this bond except $460, and the court concludes that the maximum liability of the defendant is the value of the assets in his possession belonging to his ward at the time of the execution of the bond and the sum subsequently received. Cotton's Guardian v. Wolf, 14 Bush. (Ky.) 238, 251; Sebastian v. Bryan (1860) 21 Ark. 447; Thomson v. American Surety Co., 170 N.Y. 109, 62 N.E. 1073; State, to Use of Towler, v. Shackleford, 56 Miss. 648; State to Use of Dorsey v. Banks, 76 Md. 136, 24 A. 415; Freedman v. Vallie (Tex.Civ.App.) 75 S.W. 322; Knepper v. Glenn, 73 Iowa, 730, 36 N.W. 763; Bockenstedt v. Perkins, 73 Iowa, 23, 34 N.W. 488, 5 Am. St. Rep. 652; American Bonding Co. v. People, 46 Colo. 394, 104 P. 81; Matter of Williams, 26 Misc. 636, 57 N.Y.S. 943; State ex rel. Short v. Hardy, 200 Mo.App. 405, 206 S.W. 904. The authorities on this question are not in harmony and it has not been decided by the federal courts.

  2. Matter of Harris

    61 Misc. 563 (N.Y. Surr. Ct. 1908)   Cited 2 times

    "An executor cannot be held to hold a fund as trustee until the trust fund has been in some way legally ascertained, identified and separated from the general funds of the estate, and the trustee has entered upon the duties of his office as trustee as distinct and separate from his functions as executor." Matter of Williams, 26 Misc. 636, and cases cited. But this is far from saying that the trust fund is to be computed upon all the moneys, both principal and interest, which are found to constitute the balance of the estate.