In re the Accounting of Benedict

Samuel Faile, S.

The only question presented for determination in this trustees’ accounting proceeding relates to the right of two of the trustees to annual principal commissions under the will of testator, and the right of the third trustee to annual principal commissions under the petition and order appointing him as a successor trustee. Annual principal commissions are claimed by virtue of subdivision IB of section 285-a of the Surrogate’s Court Act, enacted by chapter 694 of the Laws of 1943, effective September 1, 1943, and the enactment of subdivision 3 of section 285-a by chapter 582 of…