In re the Judicial Settlement of the Account of Union Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Union Trust Company of New York, as trustee. of the estate of George P. Lawrence, deceased, from that portion of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 6th day of September, 1901, refusing to allow commissions to said company as trustee.
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Appeal by the Union Trust Company of New York, as trustee. of the estate of George P. Lawrence, deceased, from that portion of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 6th day of September, 1901, refusing to allow commissions to said company as trustee. This proceeding was brought to settle the account of the appellant, the" Union Trust Company of New York, as trustee of the estate of George P. Lawrence, who died December 15, 1891, leaving a will and codicil thereto which were duly probated in New York county on or about February…
1Opinion of the Court
O’Brien, J.:
The question here involved is whether the appellant, the Union. Trust Company, is entitled to commissions as trustee, having already received full commissions as . executor. . As formulated in McAlpine v. Potter (126 N. Y. 289), “ The principal question which is presented hy this appeal is whether the commissions, to be allowed are to be governed by the doctrine of Johnson v. Lawrence (95 N. Y. 154), or Laytin v. Davidson (95 id. 263).” This requires that we ' should examine those authorities and apply them to the case at bar.
In Johnson v. Lawrence it was said : “ Taking the…
2Cases cited2 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Drake v. . PriceNew York Court of Appeals · 1851
3Cited by13 opinions
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
- In re the Estate of GellerNew York Surrogate's Court · 1938
- Jewett v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1903
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