Legal Opinion
In re the Estate of Swartz
New York Surrogate's Court
Decided March 9, 1937PublishedCited by 10 opinions
1Opinion of the Court
Foley, S.
In this accounting of the trustee there arises the question of the allowance of commissions on rents collected from real property within the trust. The method of computing such commissions on income from real estate at the normal percentage rates fixed in section 285 of the Surrogate’s Court Act and its predecessor sections had never given rise to any doubt over a course of one hundred years until the decision in Matter of Byrnes (159 Misc. 302) and Matter of Schinasi (161 id. 636). During that entire period, the Court of Chancery, the Surrogate’s Court and the Supreme Court, with…
2Cases cited34 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Collier v. . MunnNew York Court of Appeals · 1869
- In Re the Accounting of HamlinNew York Court of Appeals · 1919
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- In Re Proving the Will of FraschNew York Court of Appeals · 1927
29 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rodgers v. HigginsSupreme Court of Oklahoma · 1994
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- In re the Estate of MohrNew York Surrogate's Court · 1938
- Precision Apparatus Co. v. Precision Meter Co.New York Supreme Court · 1956
5 more not listed; retrieve them via the Exa API.