In re the Judicial Settlement of the Accounts of Clinton
Appellate Division of the Supreme Court of the State of New York
Appeal by Spencer Clinton and others, as executors, etc., of Harriet A. Bennett^ deceased, from so much, of a decree of the Surrogate’s Court of the‘county of Erie, entered in said Surrogate’s Court on the 10th day of March, 1896, in a proceeding for the judicial ¡settlement of their accounts, as disallows certain commissions claimed by them as such executors. . February 2, 1894, Harriet A. Bennett died leaving a will executed September 15, 1891, by which the appellants were…
Read the full summary
Appeal by Spencer Clinton and others, as executors, etc., of Harriet A. Bennett^ deceased, from so much, of a decree of the Surrogate’s Court of the‘county of Erie, entered in said Surrogate’s Court on the 10th day of March, 1896, in a proceeding for the judicial ¡settlement of their accounts, as disallows certain commissions claimed by them as such executors. . February 2, 1894, Harriet A. Bennett died leaving a will executed September 15, 1891, by which the appellants were nominated as executors, which was duly probated April 23, 1894, and letters testamentary issued thereon to the…
1Opinion of the CourtFollett, J.
The commissions of executors aré fixed by section 2730 of the Code of Civil Procedure, which, among other things, provides r “ If the value of the personal property of the decedent amounts to one hundred thousand dollars, or more, over all his debts, each executor or administrator is entitled to the full compensation on principal and income allowed herein to a sole executor or administrator, unless there are more than three, in which case the compensation to which three would be entitled must be apportioned- among them according to the services rendered by them respectively, and a like…
2Cases cited2 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
3Cited by11 opinions
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
- In re the Estate of KrugerNew York Surrogate's Court · 1931
- In re the Estate of JacksonNew York Surrogate's Court · 1930
- In re the Estate of SullivanNew York Surrogate's Court · 1941
- In re the Estate of GregoryNew York Surrogate's Court · 1934
6 more not listed; retrieve them via the Exa API.