In re the Judicial Settlement of the Account of Proceedings of Wallace
Appellate Division of the Supreme Court of the State of New York
Appeal by Frances L. Wallace and another from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of October, 1915, as disallows certain commissions awarded them by the referee, and reduces an extra allowance of commissions made by said referee to Talbot J. Taylor.
1Opinion of the Court
Order affirmed, with ten dollars costs and disbursements, on opinion of Shears, J.
Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ.
The following is the opinion of the court below:
Shears, J.:
I cannot confirm the report of the learned referee as it stands, although it is not opposed. Among the items of commissions allowed is $7,687.28 to each member of the committee, based upon the assumption that the committee received the corpus of the estate, amounting to $749,728.33, after the death of the incompetent. The committee of an incompetent ceases to have power to reduce to possession…
2Cited by5 opinions
- In re the Final Accounting of HiltzikNew York Supreme Court · 1958
- In re the Accounting of LevineAppellate Division of the Supreme Court of the State of New York · 1988
- Kolb v. TaylorAppellate Terms of the Supreme Court of New York · 1918
- In re HaslettAppellate Division of the Supreme Court of the State of New York · 1919
- In re RosecransAppellate Division of the Supreme Court of the State of New York · 1988