Legal Opinion

In re the Estate of Hopkins

New York Surrogate's Court

Decided January 18, 1929PublishedCited by 2 opinions

1Opinion of the Court

O’Brien, S.

The questions raised in this accounting proceeding are disposed of as follows:(1) I hold that the executors are entitled to commissions upon the sale price of the real estate located on Thirty-second and Thirty-third streets, New York city, after deducting therefrom the sum of $400,000. Such sum of $400,000 was the amount of the mortgage originally upon said property which was paid off by the executors out of other funds of the estate prior to the sale of the property. It thus constituted merely a change in the form of the investment of a portion of the estate from cash to real…

2Cases cited3 opinions

  1. Lawrence v. . LittlefieldNew York Court of Appeals · 1915
  2. Matter of StanfieldNew York Court of Appeals · 1892
  3. In re the Final Judicial Settlement of the Accounts of ParkinAppellate Division of the Supreme Court of the State of New York · 1920

3Cited by2 opinions

  1. Rhode Island Hospital Trust Co. v. TuckerSupreme Court of Rhode Island · 1932
  2. In re the Estate of PhelpsNew York Surrogate's Court · 1937

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