In re the Judicial Settlement of the Account of Popp
Appellate Division of the Supreme Court of the State of New York
Appeal by Jacob Kempf and another,.by their general guardian, and another, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 9th day of April, 1907, settling- the accounts of Anton Popp, as executor, as allows the said executor extra compensation for continuing the business of the testator as directed by the will, and working therein.
1Opinion of the Court
Gaynor, J.:
The surrogate allowed one of the executors on his accounting extra compensation for continuing the business of the testator, and working therein, the will directing that the business be continued, but providing no extra compensation therefor to the executors.
At common law executors and administrators were not allowed any compensation for their services (Manning v. Manning, 1 Johns. Ch. 527). This remained so in this state until 1817, when the Legislature empowered the court of chancery “ to make a reasonable allowance to them for their services ”, on the Settlement of their…
2Cases cited21 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Collier v. . MunnNew York Court of Appeals · 1869
- In re Hayden's EstateNew York Supreme Court · 1889
- Parker v. . DayNew York Court of Appeals · 1898
- In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hartt v. HarttWyoming Supreme Court · 1956
- In re GorraNew York Surrogate's Court · 1929
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
- In re the Judicial Settlement of the Account of UsborneAppellate Division of the Supreme Court of the State of New York · 1925
- In Re the Estate of JonesNew York Court of Appeals · 1960
19 more not listed; retrieve them via the Exa API.