In Re the Accounting of Martin
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1909, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executors herein. The facts, so far as material, are stated in the opinion. It was error to refuse the appellants as trustees commissions upon capital in addition to those awarded to them as executors.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1909, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executors herein. The facts, so far as material, are stated in the opinion. It was error to refuse the appellants as trustees commissions upon capital in addition to those awarded to them as executors. (Olcott v. Baldwin, 190 N. Y. 99; Hurlburt v. Durant, 88 N. Y. 121; Matter of Mason, 98 N. Y. 527; Matter of Babcock, 52 Hun, 510; Matter of Beard, 77 Hun, 111; Laytin v.…
1Opinion of the CourtWerner, J.
The questions raised by .this appeal relate wholly to the claim of the appellants to double commissions as executors and trustees under the will of Mary J. Martin, deceased. The appellants were named in said will as “ executors and trustees ” and they each claim to be entitled to one full commission in both capacities. Without going into the details of the various provisions of the will upon which they rely to support their contention, we deem it sufficient to say that we think this will falls within the general classification exemplified in McAlpine v. Potter (126 N. Y. 285) and not within…
2Cases cited6 opinions
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
- In re the Estate of JacksonNew York Surrogate's Court · 1930
7 more not listed; retrieve them via the Exa API.