Legal Opinion
In Re Trust Created by Hyde
New York Court of Appeals
Decided June 29, 2010No. 130PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
We hold that Surrogate’s Court Procedure Act (SCPA) § 2110 grants the trial court discretion to allocate responsibility for payment of a fiduciary’s attorney’s fees for which the estate is obligated to pay—either from the estate as a whole or from shares of individual estate beneficiaries. In so doing, we overrule our holding in Matter of Dillon (28 NY2d 597 [1971]).
We consequently modify the order of the Appellate Division affirming the order of the Surrogate and remit to the Surrogate’s Court for de novo consideration of allocation of the trustees’…
2Cases cited12 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Chapel v. MitchellNew York Court of Appeals · 1994
- In Re the Accounting of the Empire Trust Co.New York Court of Appeals · 1931
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. RudolphNew York Court of Appeals · 2013
- In re the Estate of Iris H.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of PearceSurrogate's Court, Kings County · 2024
- In re the Accounting of PoffenbargerNew York Surrogate's Court · 2013
- Matter of PearceSurrogate's Court, Kings County · 2024
18 more not listed; retrieve them via the Exa API.