Legal Opinion

In re Kenworthy's Estate

New York Supreme Court

Decided February 8, 1892PublishedCited by 5 opinions

Appeal from surrogate’s court, Dutchess county. Final accounting of Bichará A. Kenworthy and Alanson H. Saxton, executors of Thomas Kenvvorthy. Martha J. Kenworthy, executrix, appeals from a decree disallowing her commissions, authorizing the executors as trustees to retain commissions on the trust fund in advance, and apportioning a tax assessed on “the estate of Thomas Ken worthy” upon a trust fund in the executor’s hands and the balance of the estate.

1Opinion of the CourtPratt, J.

Section 2736 of the Code provides that, where a decedent’s personal estate amounts to $100,000 or more over all debts, each executor, not exceeding three, is entitled to full compensation, unless the court shall appor*656tian the aggregate according to the services rendered. I do not understand that the power to apportion includes the power totally to abate any executor’s compensation, except, possibly, in the ease of misconduct, resulting in loss, or where the net estate is less than $100,000. There seems to have been no occasion to apportion the aggregate in this case; at least no such thing…

2Cases cited2 opinions

  1. Valentine v. ValentineNew York Court of Chancery · 1847
  2. Trowbridge v. . HoranNew York Court of Appeals · 1879

3Cited by5 opinions

  1. Adams v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
  2. In re FranklinNew York Surrogate's Court · 1899
  3. In re the Judicial Settlement of the Account of Dudley M.New York Surrogate's Court · 1899
  4. In re the Judicial Settlement of the Accounts of McCormickNew York Surrogate's Court · 1905
  5. People ex rel. Cadwalader v. FeitnerNew York Supreme Court · 1899

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