Legal Opinion

In re the Judicial Settlement of the Account of Proceedings Evans

New York Surrogate's Court

Decided October 15, 1918PublishedCited by 4 opinions

Determination as to executor’s commissions.

1Opinion of the Court

Schultz, S.

Upon the settlement of the decree in this matter, it becomes necessary to fix the amount of the commissions to which, the accounting executor is entitled, in order that a provision for their payment may be inserted therein, gection 2753 of the Code of Civil Procedure fixes the manner in which said commissions shall be calculated; and the right thereto depends in part upon the character of the property of the decedent and the manner of its disposition. This in turn involves a construction of the decedent’s last will and testament.

After the customary direction to pay funeral…

2Cases cited4 opinions

  1. In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
  2. Schenck v. . DartNew York Court of Appeals · 1860
  3. In re WhippleAppellate Division of the Supreme Court of the State of New York · 1903
  4. In re the Application for a Construction of the Last Will & Testament of WerleNew York Surrogate's Court · 1915

3Cited by4 opinions

  1. In re the Construction of the Last Will & Testament of StrasenburghNew York Surrogate's Court · 1928
  2. In re the Estate of BakerNew York Surrogate's Court · 1933
  3. In re the Estate of NewtonNew York Surrogate's Court · 1933
  4. In re the Estate of WardNew York Surrogate's Court · 1937

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