Matter of Petition of Allen
New York Court of Appeals
These are cross appeals from so much of an order of the General Term of the Supreme Court, in the fourth judicial department, made the first Tuesday of January, 1883, as modified an order of Special Term, so far as it fixed the compensation of petitioner as trustee. The material facts are stated in the opinion.
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These are cross appeals from so much of an order of the General Term of the Supreme Court, in the fourth judicial department, made the first Tuesday of January, 1883, as modified an order of Special Term, so far as it fixed the compensation of petitioner as trustee. The material facts are stated in the opinion. The petitioner having left the whole management of the trust property to his co-trustees, and they having received the entire income derived therefrom, which belonged to them as life tenants, he is not entitled to commissions on money received and disbursed by them. {In re Woven Tape…
1Opinion of the CourtDanforth, J.
The petitioner was one of several trustees, appointed to carry out a trust created by the will of J. S. W. Upon his petition, and for reasons satisfactory to the Supreme Court, his resignation was accepted and a successor appointed. The Special Term allowed him one-half of one per cent commissions, amounting to $1,562.15, as for receiving the capital or body of the estate; but upon appeal the General Term so modified the order as to give him, in lieu thereof, for his services as trustee, $1,064.97.
It is conceded by both parties that the Supreme Court had jurisdiction to accept the resignation…
2Cases cited1 opinion
- Collier v. . MunnNew York Court of Appeals · 1869
3Cited by23 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Young v. BarkerAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Judicial Settlement of the Account of DouglasAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Accounts of Barker & KnappAppellate Division of the Supreme Court of the State of New York · 1919
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