Legal Opinion
In Re the Estate of Donner
New York Court of Appeals
Decided December 20, 1993PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The central issue in this case is whether, given the executors’ role and responsibility with respect to the assets of the estate, Surrogate’s Court abused its discretion in concluding that they breached their fiduciary duty, in imposing a surcharge for investment losses incurred by the estate on the coexecutors and in reducing the commission of the coexecutors. We conclude that there was no abuse of discretion.
The coexecutors, who were paid handsomely for their services before and after the decedent’s death, failed to concern themselves as special experts with the…
2Cases cited9 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Wendt v. FischerNew York Court of Appeals · 1926
- In re the Estate of RothkoNew York Court of Appeals · 1977
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
- In re the Accounting of HubbellNew York Court of Appeals · 1951
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- In Re the Estate of JanesNew York Court of Appeals · 1997
- In re the Estate of SaxtonAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Estate of JanesAppellate Division of the Supreme Court of the State of New York · 1996
- In Re the Judicial Settlement of the Intermediate Account of HSBC Bank USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2012
- Caldwell v. Hanes (In Re Hanes)United States Bankruptcy Court, E.D. Virginia · 1997
49 more not listed; retrieve them via the Exa API.