Legal Opinion

In re the Estate of Barrett

New York Surrogate's Court

Decided January 19, 1925PublishedCited by 9 opinions

1Opinion of the Court

Foley, S.:

On this accounting the question involved is whether commissions may be allowed to an executor at the increased rates fixed by section 285 of the Surrogate’s Court Act (as amended), for receiving and paying out moneys, notwithstanding a prior decree has already fixed commissions for receiving the principal of the fund at the former lower rates.

On September 5, 1917, the Farmers’ Loan and Trust Company filed its account as executor of the estate of the testatrix, with a petition for.the judicial settlement thereof. The decree entered in that proceeding on April 8, 1918, contained the…

2Cases cited6 opinions

  1. In Re the Accounting of BarkerNew York Court of Appeals · 1921
  2. Joseph v. . HerzigNew York Court of Appeals · 1910
  3. Whitehead v. DraperAppellate Division of the Supreme Court of the State of New York · 1909
  4. In re the Judicial Settlement of the Account of CanfieldAppellate Division of the Supreme Court of the State of New York · 1922
  5. In re the Judicial Settlement of the Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1923

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Estate of JohnstonCalifornia Supreme Court · 1956
  2. In re the Estate of RosenthalNew York Surrogate's Court · 1931
  3. In Re Donovan's EstateMichigan Supreme Court · 1934
  4. In re the Estate of SkidmoreNew York Surrogate's Court · 1933
  5. In re the Accounting of City National BankNew York Surrogate's Court · 1949

4 more not listed; retrieve them via the Exa API.

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