Legal Opinion

In re the Intermediate Accounting of State Street Bank & Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 14, 1965PublishedCited by 5 opinions

1Opinion of the Court

Order insofar as appealed from unanimously modified by deleting therefrom the last two lines of the sixth ordering paragraph thereof and by substituting therefor a provision that the trustee is surcharged with the full amount of commissions unlawfully retained by it and as so modified the order is affirmed, with costs to appellant. Memorandum: Special Term rightly decided that the trustee was not entitled to additional management commissions of $10,180.63 retained by it on gross rents, but erroneously permitted the trustee to retain $9,049.47 thereof, because the adult income beneficiaries…

2Cases cited9 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. In Re the Judicial Settlement of the Accounts of RutledgeNew York Court of Appeals · 1900
  3. In re MatthewsonAppellate Division of the Supreme Court of the State of New York · 1896
  4. In re the Estate of TaftNew York Surrogate's Court · 1932
  5. United Paper-Board Co. v. Iroquois Pulp & Paper Co.New York Court of Appeals · 1928

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re NewhoffAppellate Division of the Supreme Court of the State of New York · 1985
  2. OLD NAT. BK. OF MARTINSBURG v. HendricksWest Virginia Supreme Court · 1989
  3. In re the Estate of QuattrocchiAppellate Division of the Supreme Court of the State of New York · 2002
  4. In re the Accounting of Long Island Trust Co.New York Surrogate's Court · 1986
  5. In re the Estate of SaxtonNew York Surrogate's Court · 1994

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