In re the Judicial Settlement of the Account of Gall
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles F. Gall from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate's Court on the 4th day of May, 1904, as allows commissions and costs to Amelia Gall, "as administratrix, etc., of Joseph Gall, deceased, and as directs that the said Amelia Gall, as administratrix, instead of individually, pay to the appellant the amount of his costs and disbursements.
1Opinion of the Court
Per Curiam :
It is no longer open to doubt in this State that a surrogate may, in his discretion, upon the settlement of the accounts of an executor or administrator, deny him the statutory commissions if he has been guilty of misconduct, notwithstanding the requirement of section 2730 of "the Code of Civil Procedure that upon the settlement of the account of an executor or administrator the surrogate must allow to him for his services the commissions fixed by law. (Matter of Rutledge, 162 N. Y. 31.) The exercise of this discretion is re viewable by the Appellate Division. In the case at bar…
2Cases cited3 opinions
- In Re the Judicial Settlement of the Accounts of RutledgeNew York Court of Appeals · 1900
- In Re the Accounting of GallNew York Court of Appeals · 1905
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- In re the Estate of TaftNew York Surrogate's Court · 1932
- In re the Estate of RobertsAppellate Division of the Supreme Court of the State of New York · 1963
- In re the Estate of FaroneAppellate Division of the Supreme Court of the State of New York · 1990
- In re the Judicial Settlement of the Account of WalshNew York Surrogate's Court · 1926
- In re the Accounting of PenzatoNew York Surrogate's Court · 1951
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