Legal Opinion

In re the Estate of Willson

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1964PublishedCited by 2 opinions

1Per curiam

Appeal from so much of a decree of the Surrogate’s Court of St. Lawrence County as, in effect, denied double commissions to a corporate fiduciary acting as executor and as trustee. The appeal is not contested and, indeed, there was no objection on the accounting before the Surrogate, by any party, to the commissions requested. Under the will, the trust was to be, and was, carved from the residuary estate, after the payment of numerous monetary and specific bequests; the testator explicitly stated his intention that all such bequests be paid “ before the setting up of the trust”; the severance…

2Cases cited3 opinions

  1. In Re the Accounting of the National City BankNew York Court of Appeals · 1932
  2. In Re the Accounting of National City BankNew York Court of Appeals · 1940
  3. In re the Estate of WillsonNew York Surrogate's Court · 1962

3Cited by2 opinions

  1. Estate of De Foucaucourt v. CommissionerUnited States Tax Court · 1974
  2. Estate of De Foucaucourt v. CommissionerUnited States Tax Court · 1974

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