Legal Opinion

In re the Estate of Hutkoff

New York Surrogate's Court

Decided February 16, 1925PublishedCited by 5 opinions

1Opinion of the Court

Foley, S.:

I see no reason to change my original determination in this matter denying commissions to all tho executors. (Matter of Hutkoff, N. Y. L. J. Jan. 20, 1925.) The testimony before the referee discloses sufficient acts of negligence on the part of the most active executor, Bessie C. H. Goodman, to justify this conclusion. Moreover, the other executors appear to have acquiesced in her management of the estate. The question of an allowance of commissions is in the discretion of the surrogate. He may deny compensation where there has been misconduct or negligence. (Matter of Rutledge, 162…

2Cases cited2 opinions

  1. In Re the Judicial Settlement of the Accounts of RutledgeNew York Court of Appeals · 1900
  2. In re the Judicial Settlement of the Account of HayesNew York Surrogate's Court · 1903

3Cited by5 opinions

  1. In re the Estate of AyvazianNew York Surrogate's Court · 1934
  2. In re the Estate of TaftNew York Surrogate's Court · 1932
  3. In re the Estate of ScherNew York Surrogate's Court · 1933
  4. United States v. ParrishUnited States Court of Military Appeals · 1956
  5. United States v. SuttonUnited States Court of Military Appeals · 1953

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