In re the Accounting of Baker

Collins, S.

The trustees of a charitable trust request an award of principal commissions under paragraph (c) of subdivision 9 of section 285-a of the Surrogate’s Court Act. It is conceded that they are not entitled to principal commissions under the present act because the trust is “ not measured at any time directly or indirectly by a life or lives ” (subd. 5). They contend, however, that they were entitled to annual principal commissions under the former statute because they were .not trustees of a “ trust in perpetuity ” (L. 1943, ch. 694; Surrogate’s Ct. Act, § 285-a, subd. 4) for the…