In re the Intermediate Accounting of State Street Bank & Trust Co.
Appellate Division of the Supreme Court of the State of New York
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
- Meinhard v. SalmonNew York Court of Appeals · 1928
- In Re the Judicial Settlement of the Accounts of RutledgeNew York Court of Appeals · 1900
- In re MatthewsonAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of TaftNew York Surrogate's Court · 1932
- United Paper-Board Co. v. Iroquois Pulp & Paper Co.New York Court of Appeals · 1928
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3Cited by5 opinions
- In re NewhoffAppellate Division of the Supreme Court of the State of New York · 1985
- OLD NAT. BK. OF MARTINSBURG v. HendricksWest Virginia Supreme Court · 1989
- In re the Estate of QuattrocchiAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Accounting of Long Island Trust Co.New York Surrogate's Court · 1986
- In re the Estate of SaxtonNew York Surrogate's Court · 1994