Legal Opinion
In re the Judicial Settlement of the Accounts of Curtiss
New York Surrogate's Court
Decided January 15, 1896PublishedCited by 8 opinions
Application to settle decree on resignation of trustees.
1Opinion of the Court
Silkman, S.
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The court, upon the application of the petitioners, permitted their resignation, but upon condition that trustees’ commissions upon the principal of the trust estate be waived. The authority for imposing such a condition is found in the case of Matter of Allen, 96 N. Y. 327.
The court intended that the petitioners should have commissions of executors, but none as trustees, upon the principal of the trust. It was directed that the decree to be entered should be upon notice, and now the settlement of the decree to be entered is before the court for consideration.
It is urged by the…
2Cases cited5 opinions
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Laytin v. . DavidsonNew York Court of Appeals · 1884
- Matter of Petition of AllenNew York Court of Appeals · 1884
- In re the Estate of TuckerNew York Surrogate's Court · 1899
3Cited by8 opinions
- In re the Judicial Settlement of the Accounts of RossNew York Surrogate's Court · 1900
- In re the Estate of CullenNew York Surrogate's Court · 1985
- In re the Judicial Settlement of the Accounts of McCormickNew York Surrogate's Court · 1905
- Matter of SpiakAppellate Division of the Supreme Court of the State of New York · 2022
- People v. Brooklyn BankNew York Supreme Court · 1909
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