In re the Estate of Knight

Foley, S.:

In this accounting proceeding three questions are raised as to the allowance of commissions to the trustees. They involve the construction and effect of the amendment to section 285 of the Surrogate’s Court Act made by chapter 649 of the Laws of 1923. The material language of the amendment reads as follows: “ Where a trustee or executor is, by the terms of the instrument, required to collect the rents and manage real property, he shall be allowed and may retain, five per centum of the rents collected therefrom, in addition to the commissions herein provided.”(1) I hold that the…