Legal Opinion
In re the Accounting of Miller
New York Surrogate's Court
Decided November 14, 1946PublishedCited by 2 opinions
1Opinion of the Court
Delehanty, S.
The accounting trustees request payment of a minimum principal commission under subdivision 3 of section 285-a of the Surrogate’s Court Act. The court holds that they are not entitled to a minimum principal commission since petitioners are not yet acting at a time of final distribution of principal (Matter of Edwards, 183 Misc. 1014; Matter of Moyse, 188 Misc. 1030; Matter of Zinn, 188 Misc. 675).
In the fifth paragraph of his will deceased created two separate trusts, one for the benefit of his brother and the other for his ¡sister. We are here concerned only with the brother’s…
2Cases cited12 opinions
- Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- In Re the Accounting of WildNew York Court of Appeals · 1932
- Leask v. BeachAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of HurlbutNew York Surrogate's Court · 1943
- In re the Accounting of DreyfusNew York Surrogate's Court · 1945
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3Cited by2 opinions
- In re the Accounting of MillerAppellate Division of the Supreme Court of the State of New York · 1947
- In re the Estate of FullerNew York Surrogate's Court · 1976