Legal Opinion

In re the Accounting of Schmidlapp

New York Surrogate's Court

Decided June 11, 1945PublishedCited by 2 opinions

1Opinion of the Court

Foley, S.

The questions raised in this accounting proceeding are disposed of as follows: (1) The first question presented is the effect of a waiver and relinquishment by the individual trustee of commissions for receiving the original principal of the trust. The issue as to the waiver was raised upon the prior accounting of the trustees. Determination was made upon the *637individual trustee’s own testimony and concession that receiving commissions had been renounced. He expressly reserved his right to ask for commissions for receiving realized increments of principal and commissions for paying…

2Cases cited3 opinions

  1. In re the Estate of BarrettNew York Surrogate's Court · 1925
  2. In re the Estate of EricksonNew York Surrogate's Court · 1945
  3. In re the Estate of BelknapNew York Surrogate's Court · 1944

3Cited by2 opinions

  1. In re the Estate of FinckNew York Surrogate's Court · 1959
  2. In re the Estate of GriffithNew York Surrogate's Court · 1971

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