Legal Opinion

In re Roberts

New York Court of Chancery

Decided October 2, 1817PublishedCited by 12 opinions

PETITION of Neliemiah Allen, the committee of the lunatic, praying for an allowance for compensation, and accompanied with a master’s report, stating the account of the committee, and that he had received 1,906 dollars, and paid out 1,158 dollars, in small sums, and that five per cent, on the whole sum paid out and received, would be a reasonable allowance.

1Opinion of the Court

The Chancellor

thought the case- within the equity of that statute, and adopted the following rate of compensation,, as reasonable, it being higher,than the allowances to the masters and registers in this court, in respect to the re» ceipt and payment of moneys, and yet not so high as to inflame the cupidity of such trustees, viz.

Five per cent, on all sums received and paid out, not exceeding 1,000 dollars—(i. e. 2 1-2 per cent, for such sums received, and 2 1-2 per cent for such sums paid out.)

Two and an half per cent, on any excess, between 1,000-' dollars and 5,000 dollars.

One per cent, for…

2Cited by12 opinions

  1. Downing v. . MarshallNew York Court of Appeals · 1867
  2. Betts v. BettsNew York Supreme Court · 1878
  3. In re RooseveltNew York Surrogate's Court · 1882
  4. Ward v. FordNew York Surrogate's Court · 1879
  5. Palmer v. DunhamNew York Supreme Court · 1889

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