Legal Opinion

In re the Estate of Hutchinson

New York Surrogate's Court

Decided February 16, 1962Published

1Opinion of the Court

John D. Bennett, S.

This is an accounting proceeding in which a hearing was held on October 19, 1962, limited to the objection by Alvan S. Hutchinson of the item in the account listed as “ Additional manager’s commissions paid in cash ”, in the amount of $9,385.65.

The accountant’s explanatory note of this item in substance is that the manager of the Lyric Theatre, which is in part an estate asset, retained cash over and above the commissions he was entitled to as compensation without authorization from the accountant.

The objectant is an individual owner of a one-quarter interest in the theatre…

2Cases cited3 opinions

  1. In re the Judicial Settlement of the Final Account of Proceedings of Westchester Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
  2. In re the Accounting TuttleAppellate Division of the Supreme Court of the State of New York · 1952
  3. In re the Accounting of TuttleNew York Court of Appeals · 1954

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