In re the Estate of Pessano

Delehanty, S.

By decree dated April 27, 1928, following the decision of this court (N. Y. L. J., April 21, 1928, p. 358) it was adjudged that the functions of the fiduciaries in this estate were not separable and that the fiduciaries were entitled to commissions in a single capacity only. No appeal was taken from that decree and the ruling there made is the law of this estate. In the account currently for settlement the transactions exhibited are solely those of a trust administration. Accordingly the court holds that the provisions of section 285-a of the' Surrogate’s Court Act are…