Legal Opinion
In re the Accounting of Steinecke
New York Surrogate's Court
Decided March 11, 1952PublishedCited by 2 opinions
1Opinion of the Court
Rubehsteih, S.
This is a contested accounting proceeding in which the court is requested to determine several objections wnich were not withdrawn or abandoned at the trial.
The first objection concerns the acts of the executors who paid themselves commissions without a direction of the court, it is a deep-rooted legal principle that executors’ rights to commissions are inchoate and commissions may not be taken until they are allowed by the court on the settlement of the account (Matter of Worthington, 141 N. Y. 9; Beard v. Beard, 140 N. Y. 260). The query is whether damage to the estate must be…
2Cases cited7 opinions
- Beard v. . BeardNew York Court of Appeals · 1893
- In Re the Judicial Settlement of the Accounts of WorthingtonNew York Court of Appeals · 1894
- In re the Estate of BurroughsNew York Surrogate's Court · 1935
- In re the Estate of GrossmanNew York Surrogate's Court · 1935
- In re the Revoke Letters Testamentary Issued to FribourgAppellate Division of the Supreme Court of the State of New York · 1937
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of MattesNew York Surrogate's Court · 1958
- In re the Estate of CrippenNew York Surrogate's Court · 1961