Legal Opinion
In re the Estate of McDonald
New York Surrogate's Court
Decided December 3, 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
C. Raymond Radigan, J.
This application by the coexecutor of the estate of Marjorie B. McDonald, for advance receiving commissions, without bond, raises novel questions concerning the application of SCPA 2311.
The decedent Marjorie B. McDonald died on April 24, 1982. Her will dated December 9, 1969 together with two codicils dated June 15, 1975 and May 3, 1979 were duly admitted to probate.
Article “eleven” of the will provides in part: “C. I authorize my Executor to make payments from time to time during the administration of my estate on account of executor’s commissions…
2Cases cited6 opinions
- Allen v. MinskoffNew York Court of Appeals · 1976
- Strauch v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1941
- Zumbo v. Town of FarmingtonAppellate Division of the Supreme Court of the State of New York · 1978
- Deth v. CastimoreAppellate Division of the Supreme Court of the State of New York · 1935
- Drelich v. Kenlyn Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of PritchardNew York Surrogate's Court · 1988
- In re the Estate of BoddyNew York Surrogate's Court · 1987
- In re the Estate of DubinNew York Surrogate's Court · 1995