In re the Judicial Settlement of the Accounts of Ross
New York Surrogate's Court
Proceedings upon tbe judicial settlement of the accounts of executors.
1Opinion of the Court
Thomas, S.—
The residuary estate of the testator, both real and personal, was devised and bequeathed to his designated nephew and four nieces, and the unconverted personal assets remaining in the hands of the executors, after payment of debts and legacies, cannot be construed to be specific legacies, to be excluded in computing commissions, and the ease of Schenck v. Dart, 22 N. Y. 420, has no application. The provision of the statute which requires the sole compensation of an executor to be commissions at fixed rates for receiving and paying out sums of money'has been extended by judicial…
2Cases cited7 opinions
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Beard v. . BeardNew York Court of Appeals · 1893
- Schenck v. . DartNew York Court of Appeals · 1860
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
- Carpenter v. . TaylorNew York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Estate of SaphirNew York Surrogate's Court · 1973
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Judicial Settlement of the Account of PotterNew York Surrogate's Court · 1919
- In re the Estate of RothNew York Surrogate's Court · 1967
- In re the Estate of ObergNew York Surrogate's Court · 1933
5 more not listed; retrieve them via the Exa API.