In re the Estate of Faroll

S. Samuel Di Falco, S.

In this proceeding to settle his final account as to one trust and his intermediate account as to two continuing trusts, the surviving trustee requests the payment of principal paying out commissions pursuant to the provisions of subdivision 1 of section 285-b of the Surrogate’s Court Act with respect to the terminated trust.

An understanding of the problem requires reference to the trust provisions of the decedent’s will. Under subdivision (a) of article Ninth thereof the testator created a trust of 50% of his residuary estate for the benefit of his wife Berenice. Upon…