Legal Opinion
In re the Judicial Settlement of the Account of Fisher
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1904PublishedCited by 21 opinions
Appeal by the petitioner, Chester Irving Fisher, as executor, etc., of Herman C. Fisher, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 20th day of August, 1903, settling the accounts of the petitioner, as fixes the amount of his commissions as executor, etc., of Herman C. Fisher, deceased.
1Opinion of the Court
Hatch, J. :
The surrogate disallowed commissions to the executor on the principal and income received upon the securities bequeathed by the testator under the 2d paragraph of his will, which reads as follows, to wit:
“ Second. I give and bequeath the contents that shall be in my box in the Safe Deposit Company of New Fork, now situated at 146 Broadway, New York, corner, of Liberty street, in said city, at the time of my decease, to the following named persons and in the following proportions, viz.: Two-twelfths thereof to Mary Jane Clarke, sister of my late wife, Eliza McKie Fisher; one-twelfth…
2Cases cited3 opinions
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- Collier v. . MunnNew York Court of Appeals · 1869
- Schenck v. . DartNew York Court of Appeals · 1860
3Cited by21 opinions
- In Re LowNew Jersey Superior Court Appellate Division · 1928
- In re the Estate of BerwindNew York Surrogate's Court · 1943
- In re the Transfer Tax on the Estate of BrooksNew York Surrogate's Court · 1922
- In re the Estate of RothNew York Surrogate's Court · 1967
- In re the Estate of GrosvenorNew York Surrogate's Court · 1918
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