In re the Judicial Settlement of the Account of Proceedings of Wanninger
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles Wanninger and others, as executors, etc., from certain parts of a decree of the Surrogate’s Gourt of New York county, entered in said Surrogate’s Court on the 23d day of March, 1907, settling their accounts. -
1Opinion of the Court
Scott, J.:
This appeal presents only the question whether or not the appellants should have included in their accounts as executors-the unsold real' estate of William B. Nelson, their decedent.
Incidentally of course this involves the' question whether or not the appellants, as executors, are entitled to commissions Upon such real estate. Section 2730 of the Code, of Civil Procedure' provides that commissions shall be paid to executors and administrators upon “ all sums of money ” received and' paid out. The construction heretofore given to this section has been that executors are not entitled…
2Cases cited1 opinion
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
3Cited by13 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1930
- In re the Estate of SaphirNew York Surrogate's Court · 1973
- In re the Judicial Settlement of the Accounts of Barker & KnappAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Judicial Settlement of the Account of Proceedings of the Bank of JamestownAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of BristolNew York Surrogate's Court · 1933
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