Legal Opinion
In re the Judicial Settlement of the Intermediate Account of Lathers
New York Surrogate's Court
Decided February 15, 1924PublishedCited by 3 opinions
1Opinion of the Court
Slater, S.
Upon this accounting a contention has arisen regarding the payment of commissions to trustees. It appears that certain mortgages, items of trust. funds, have been foreclosed and the real property bought in for the trust estate. Consequently, rents were received and moneys paid for taxes and the upkeep of the real property so purchased.
It is contended by the respondents that the trustees are only entitled to commissions upon the net income of such real estate, following the principle laid down in Beard v. Beard, 140 N. Y. 260, and Matter of Sidenberg, 204 App. Div. 255. These…
2Cases cited9 opinions
- Haberman v. . BakerNew York Court of Appeals · 1891
- Beard v. . BeardNew York Court of Appeals · 1893
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Lockman v. . ReillyNew York Court of Appeals · 1884
- In re the Accounting of McDowellNew York Surrogate's Court · 1918
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3Cited by3 opinions
- In re the Estate of SwartzNew York Surrogate's Court · 1937
- In re the Estate of LockwoodNew York Surrogate's Court · 1937
- In re the Estate of ScottNew York Surrogate's Court · 1938