Legal Opinion

Pitney v. Everson

Supreme Court of New Jersey

Decided November 15, 1886PublishedCited by 9 opinions

If a person be appointed in a will an executor and trustee, such person is entitled to commissions, calculated on the corpus of the estate, in each capacity, at such rate as will yield a reasonable compensation for the service in each of such respective offices. On appeal from a decree of the ordinary, whose opinion is reported in Everson v. Pitney, 13 Stew.

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If a person be appointed in a will an executor and trustee, such person is entitled to commissions, calculated on the corpus of the estate, in each capacity, at such rate as will yield a reasonable compensation for the service in each of such respective offices. On appeal from a decree of the ordinary, whose opinion is reported in Everson v. Pitney, 13 Stew. Eq. 539. Austin Requa, late of Morristown, deceased, by his will, dated April 17th, 1868, after providing that his debts and funeral expenses be paid, gave to his wife all his movable property in his house and on the premises on which he…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, C. J.

Austin Requa, by his last will, after bequeathing to divers persons certain legacies, made the following disposition, viz.:

“All the rest and residue of ray estate, real, personal and mixed, and wheresoever the same may be situate, I do give, devise and bequeath unto my executors hereinafter named, and to the survivor and survivors of them, and to the heirs of the survivor, in trust nevertheless, as follows” &c.

The will then proceeds to define the duties and powers of the executors with respect to the estate thus vested in them, which are,…

2Cited by9 opinions

  1. Brown v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1944
  2. Doyle v. Chase Manhattan BankNew Jersey Superior Court Appellate Division · 1963
  3. Parker v. WrightNew Jersey Court of Chancery · 1928
  4. Caruso v. CarusoNew Jersey Court of Chancery · 1928
  5. In Re ThurstonNew Jersey Superior Court Appellate Division · 1929

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