Legal Opinion
In re the Accounting of Clark
New York Surrogate's Court
Decided July 11, 1957PublishedCited by 1 opinion
1Opinion of the Court
John D. Bennett, S.
The principal issue on this judicial settlement of the trustees ’ account relates to the construction requested by the petitioners that the donees of powers in trust created under the will be deemed “ trustees ” for the purpose of determining their compensation so that their commissions would be computed pursuant to section 285-a of the Surrogate’s Court Act.
The court is unable to agree with the view urged by the petitioners, and determines that their compensation will be measured by section 285 rather than 285-a of the Surrogate’s Court Act.
The testator in article Seventh…
2Cases cited5 opinions
- In Re the Accounting of KelloggNew York Court of Appeals · 1907
- In re the Judicial Settlement of the Accounts of the of the Last Will & Testament of BaumannNew York Surrogate's Court · 1920
- In re the Will of BiedermanNew York Surrogate's Court · 1945
- In re the Estate of JohnsonNew York Surrogate's Court · 1928
- In re the Construction of the Will of SourenNew York Surrogate's Court · 1950
3Cited by1 opinion
- In re the Estate of MartinNew York Surrogate's Court · 1961