In re the Estate of McCarthy

Slater, S.

The question presented in this accounting proceeding relates to commission upon real estate, which is to be turned over in kind by the executor to the trustee, for the purpose of the trust created by the will. Section 285 of the Surrogate’s Court Act states the statutory law with regard to commissions upon real estate. It relates only to such property as may have been ‘ ‘ received, distributed or delivered.”

The estate consists of real and personal property. The only direction the executors had over the real estate was through a power of sale. Any unsold realty was devised to them as…