Legal Opinion
In re the Estate of Philip
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 1993PublishedCited by 3 opinions
1Opinion of the Court
—In a proceeding for advance payments of executors’ commissions pursuant to SCPA 2311, the executors appeal from so much of an order of the Surrogate’s Court, Westchester County (Brewster, S.), entered December 31, 1990, as limited the corporate executor’s commissions to those specified in SCPA 2307.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The testator’s will included the following provision:
"tenth: For its services for acting in any fiduciary capacity under this will, said Fiduciary Trust Company International shall receive the compensation…
2Cases cited4 opinions
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In Re the Accounting of LockeNew York Court of Appeals · 1932
- In re the Estate of MurphyNew York Surrogate's Court · 1972
3Cited by3 opinions
- Vermont Mutual Insurance v. GambellSupreme Court of Vermont · 1997
- In re the Estate of O'BrienAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of SchmidtNew York Surrogate's Court · 1994