18 N.Y. St. Rep. 997 | N.Y. Sur. Ct. | 1888
I have decided that a referee appointed by this court has all the powers and duties in the proceeding of the Surrogate. Est. Williams, 7 Surr. Dec. 309. This construction of the statute has also been given by the general term of the Second Department. Matter of Niles, 47 Hun 348. I have also held that I shall not disturb the findings of fact of a referee where there was a conflict of evidence, unless the finding is clearly against the weight of evidence or has none at all to support it. Est. Bradley, 7 Surr. Dec. 296 ; Estate of Smith, Id. 293. The plain intent of the legislature was to cast upon the referee judicial powers and responsibilities and thus
It is elementary doctrine that trustees may make necessary repairs, but not large improvements. Perry on Trusts, § 526. Also that the trustees holding for the life of one person and remainder over for some other person, must consult both the interest of both tenant for life and the remainderman. He must act impartially, and not give either advantage at the expense or to the prejudice of the other. Perry on
Some point is evidently intended to be made by the exceptant as to the action of the trustees in leasing the houses, a part of the trust estate, repairs thereto, and conditions of letting, etc. The law is that trustees having power to pay debts or legacies, or any other sums, out of the estate, but no power of sale, have an implied power of leasing upon ordinary terms or customs of the state or town in which the land is situated. Newcomb v. Keteltas, 19 Barb. 608 ; Hedges v. Riker, 5 John. Ch. 163. If the property is houses in a city, they can grant ordinary leases. Greason v. Keteltas, 17 N. Y. 491.
The report of the referee is confirmed.