Cook v. . Stockwell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1911, affirming a judgment in favor of defendant respondent and against defendant appellant, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1911, affirming a judgment in favor of defendant respondent and against defendant appellant, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Where the trustee has not had annual settlements of his account he ought to be allowed the usual commissions upon the aggregate amounts received by him, provided he has in his hands a surplus of income belonging to the same party to whom he has made the…
1Opinion of the CourtGray, J.
The sole question, which, under a stipulation by the parties, is presented upon this appeal, is whether the appellant, the administratrix of a deceased trustee, is entitled, to recover commissions on the amount of income received and disbursed by the trustee during his lifetime. The trustee had paid over to the beneficiary the whole of the net income without reservation of, or for, his commissions and if the claim of his administratrix is allowed, it must, now, be paid by the beneficiary of the trust.
Charles B. Stockwell died in November, 1892; leaving a will by which he constituted a trust…
2Cases cited4 opinions
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- Hancox v. . MeekerNew York Court of Appeals · 1884
- Conger v. CongerAppellate Division of the Supreme Court of the State of New York · 1905
- Conger v. . CongerNew York Court of Appeals · 1906
3Cited by8 opinions
- Graddick v. First Farmers & Merchants Nat.Supreme Court of Alabama · 1984
- Hardy v. HardySupreme Court of Arkansas · 1954
- In re the Estate of DalyNew York Surrogate's Court · 1917
- In re the Estate of HortonNew York Surrogate's Court · 1977
- In re the Accounting of MarcyNew York Surrogate's Court · 1946
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