135 Misc. 833 | N.Y. Sup. Ct. | 1930
The Supreme Court of this State, as successor to the Courts of Chancery, has inherent jurisdiction over testamentary trusts. Where, however, as here, there is a surviving trustee, the trust itself is not vested in the Supreme Court. There has been a growing disposition on the part of the Supreme Court not to in any manner interfere with Surrogates’ Courts where such court has taken actual jurisdiction and has ample power to dispose of a matter involved in a decedent’s estate. (Matter of Smith, 120 App. Div. 199; Lawrence v. Littlefield, 215 N. Y. 561; Evans v. Appell, 211 App. Div. 105; Matter of Farmers’ Loan & Trust Co., 123 Misc. 600.) That this policy is in accord with the State’s policy to aid in the orderly administration of justice is shown by the increasing power which has been granted to Surrogates’ Courts by recent legislative enactments.
In the instant case the Surrogate’s Court of New York county has appointed one trustee and considered the appointment of another. It has settled a number of accountings of the estate and otherwise administered the estate since the will was probated. The real and personal property of the estate is situated here. The
Motion granted. Bond $500. Settle order.