Legal Opinion

In re the Estate of Marri

New York Surrogate's Court

Decided November 26, 1974PublishedCited by 3 opinions

1Opinion of the CourtJohn D. Bennett, J.

On submission of a decree in this accounting proceeding, the executors seek multiple commissions. SOPA 2307 (subd. 5) allows each fiduciary, up to a total of three, one full commission “ if the gross value of the principal of the estate accounted for amounts to $100,000 or more ”. The computation of commissions as claimed by them is set forth in an amended schedule “ I ” to the account. As is evident from that amended schedule, it is only by the addition of income earned during administration set forth in schedule “ A-2 ” that the estate totals more than $100,000. However, the statute itself…

2Cases cited1 opinion

  1. In re the Judicial Settlement of the Account of FreemanNew York Surrogate's Court · 1918

3Cited by3 opinions

  1. In re the Estate of StalbeNew York Surrogate's Court · 1985
  2. In re the Estate of HertzAppellate Division of the Supreme Court of the State of New York · 1987
  3. Estate of Henning v. CommissionerUnited States Tax Court · 1977

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