Phoenix v. . Livingston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1882, which affirmed, so far as appealed from, a judgment entered upon the report of a referee. (Mem. of decision below, 28 Hun, 629.) This action was brought by plaintiffs as surviving trustees under the- will of Stephen Whitney, deceased, for settlement of their accounts.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1882, which affirmed, so far as appealed from, a judgment entered upon the report of a referee. (Mem. of decision below, 28 Hun, 629.) This action was brought by plaintiffs as surviving trustees under the- will of Stephen Whitney, deceased, for settlement of their accounts. The appeal was from that portion of the judgment fixing the compensation of plaintiff. The material facts are stated in the opinion. Plaintiffs were not entitled to receive a second commission…
1Opinion of the CourtFinch, J.
There are hut two questions in this case, and both may be considered- without reviewing the complicated details of the trust accounts. These questions are whether the executors who were also trustees became entitled to commissions in both capacities; and if so whether the trustees’ commissions are to be computed upon the value of the real estate. The first of these questions must be answered by subjecting the facts established to the test of the rules adjudged in Johnson v. Lawrence, (95 N. Y. 154), and Laytin v. Davidson (id. 263). In the first of these cases double commissions were refused,…
2Cases cited3 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Wagstaff v. LowerreNew York Supreme Court · 1856
3Cited by39 opinions
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
- In re the Estate of SurplessNew York Surrogate's Court · 1932
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Judicial Settlement of the Account of HurstAppellate Division of the Supreme Court of the State of New York · 1906
- Chisolm v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1906
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