Legal Opinion

In re the Estate of Macneal

New York Surrogate's Court

Decided October 30, 1962Published

1Opinion of the Court

S. Samuel Di Falco, S.

In this proceeding to settle the final account of the sole surviving executor, a question has arisen as to allowance of full commissions to each executor based on an estate in excess of $100,000. The intermediate account dated August 15, 1944, shows gross assets amounting to $92,-724.91. This final account shows increases and additions to capital in the sum of $67,815.44. Examination of the decree on accounting dated August 15, 1944, shows that “ the right to claim one full commission for each executor in the event that the gross estate of the deceased should exceed the…

2Cases cited7 opinions

  1. In Re the Accounting of BarkerNew York Court of Appeals · 1921
  2. In Re the Accounting of BusheNew York Court of Appeals · 1919
  3. In re the Estate of PrattNew York Surrogate's Court · 1939
  4. In re the Judicial Settlement of the Final Account of Proceedings of WiggAppellate Division of the Supreme Court of the State of New York · 1937
  5. In re the Estate of HawleyNew York Surrogate's Court · 1927

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