Legal Opinion
In re the Estate of McGlynn
New York Surrogate's Court
Decided June 15, 1903PublishedCited by 4 opinions
Application to resettle decree as to commissions of executors- and trustees on the ground that they are excessive.
1Opinion of the Court
Thomas, S.
By the terms of the ydll of the testator, the residue of his estate, after the payment of debts and a few small legacies, is given to the executors upon certain trusts. The duties of the executors, as such, and as trustees, are clearly separable (Matter of Union Trust Company, 70 App. Div. 5), and they are now accounting as executors. The decree, as signed, awards to each of them a full commission computed on the amount of the personalty received by them as executors and paid over to themselves as trustees, and also upon the estimated value of the real property of the testator. The…
2Cases cited5 opinions
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
- In re Judicial Settlement of the Accounts of Proceedings of Curtiss & de BillierAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Judicial Settlement of the Account of Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
- In re the Judicial Settlement of the Accounts of ClintonAppellate Division of the Supreme Court of the State of New York · 1896
- In re McLaren's EstateNew York Surrogate's Court · 1894
3Cited by4 opinions
- In re the Estate of SaphirNew York Surrogate's Court · 1973
- In re the Estate of ObergNew York Surrogate's Court · 1933
- In re the Final Judicial Settlement of Account of Proceedings of HullAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Estate of Mart E.New York Surrogate's Court · 1906