Legal Opinion

In re the Accounting of Burrows

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1955PublishedCited by 4 opinions

1Opinion of the Court

*1093Wenzel, Acting P. J., MacCrate and Ughetta, JJ., concur; Murphy, J., concurs as to the allowance of the $3,500 counsel fee, but dissents as to the allowance to the corporate eoexecutor of income and management commissions on rents collected under the net lease, and votes to modify the decree by striking therefrom the provisions making such allowances, with the following memorandum: Power of an executor to take possession of real property and to collect the rents thereof shall not be exercised where it has been specifically devised to any one person, unless the power is necessary for the…

2Cases cited3 opinions

  1. Howe v. Howe's Ex'xCourt of Appeals of Kentucky (pre-1976) · 1941
  2. Kaplan v. LeaderMassachusetts Supreme Judicial Court · 1937
  3. In re the Judicial Settlement of the Account of KahanAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by4 opinions

  1. Matter of Estate of StephensCourt of Appeals of Arizona · 1978
  2. In re the Accounting of HeussNew York Surrogate's Court · 1958
  3. In re the Accounting of LangoneAppellate Division of the Supreme Court of the State of New York · 1955
  4. In re the Accounting of RosenblumNew York Surrogate's Court · 1958

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