In the Matter of Edward Schell
New York Court of Appeals
Appeal, from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term made upon settlement of the accounts of Edward Schell, trustee, etc., of the estate of Jacob Appley, which disallowed an item of $2,500 charged for his services as such trustee. Jacob Appley died in 1848 seized of a large real and personal estate.
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Appeal, from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term made upon settlement of the accounts of Edward Schell, trustee, etc., of the estate of Jacob Appley, which disallowed an item of $2,500 charged for his services as such trustee. Jacob Appley died in 1848 seized of a large real and personal estate. By his last will and testament he devised and bequeathed all his property, with certain exceptions, to his executors and the survivor of them, upon certain trusts therein named. The will, after reciting the trusts,…
1Opinion of the CourtRapallo, J.
The order appealed from shows upon its face that it was made upon the ground that the compensation of the trustee for his services should be limited to commissions, at the rate allowed by statute to executors and administrators, for receiving and paying out moneys.
This is the settled rule in cases where the creator of the trust has made no provision for compensation to the trustee. Under such circumstances the courts have by analogy allowed the same commissions which are by statute allowable to executors and administrators, and have restricted the allowances to those rates.
But where the…
2Cases cited1 opinion
- Meacham v. SternesNew York Court of Chancery · 1842
3Cited by12 opinions
- Disbrow v. DisbrowAppellate Division of the Supreme Court of the State of New York · 1899
- Durham v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1946
- Muscogee Lumber Co. v. HyerSupreme Court of Florida · 1882
- In re the Estate of DavisonNew York Surrogate's Court · 1940
- In re the Judicial Settlement of the Accounts of SpragueNew York Surrogate's Court · 1905
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