Gates v. Plainfield Trust Co.

The defendant trust company filed what is, in effect, an intermediate account. At the hearing it applied for commissions on the corpus and on the income, and for counsel fees.

Evelyn P. Gates, the life tenant of the trust fund of $400,000 created by the tenth paragraph of the last will and testament of the decedent, Leroy H. Gates, as modified by a codicil thereto, and Charlotte Spencer Zelie, who is entitled to one-fourth of the corpus of the trust upon its termination, opposed the applications for commissions and counsel fees. They take the position that commissions on the corpus cannot now…