Legal Opinion

In Re the Will of Allen

New York Court of Appeals

Decided April 24, 1923PublishedCited by 29 opinions

1Per curiam

We are satisfied with the result reached in the courts below, except in one particular. The principal of the Allen estate was less than $100,000. Only in case “ the gross value of the principal of the estate or fund accounted for amounts ” to that sum or to more, may the commissions allowed to trustees exceed those to which a sole trustee is entitled. (Code Civ. Pro. sec. 2753; Surr. Ct. Act, sec. 284.) The decree and order appealed from should, therefore, be modified by reducing the commissions therein allowed to the trustees to an amount equal to the commissions allowable to a sole trustee,…

2Cited by29 opinions

  1. In re the Legacy Given by the Will of MillsNew York Surrogate's Court · 1923
  2. In re the Estate of WinburnNew York Surrogate's Court · 1931
  3. In re the Estate of MahlstedtNew York Surrogate's Court · 1931
  4. In re the Accounting of MorseNew York Surrogate's Court · 1955
  5. In re the Estate of KavanaghNew York Surrogate's Court · 1928

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