In re the Accounting of Weinberger

Commissions of a committee of the property of an incompetent must be calculated at the legal rate on the actual value of such property attaching thereto when custody is first achieved. (Matter of Brann, 148 Misc. 310; Matter of James, 261 App. Div. 480, 482; Civ. Prac. Act, § 1376.) In view of this principle, it is clear that the commissions of the respondent were incorrectly computed since these were based on the face value of the mortgage certificates rather than the market value of the securities at the time they were actually received by respondent. Principal commissions for the committee…