Legal Opinion
In re the Estate of McDonald
New York Surrogate's Court
Decided June 2, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Evans V. Brewster, S.
In this accounting by the fiduciaries of trusts under article eighth of decedent’s will, the trustees have moved for a reconsideration of the court’s decision of February 5, 1988 (138 Misc 2d 577) which addresses the reasonableness of the commissions requested by the corporate trustee.
The decision noted that SCPA 2312 (2), with respect to commissions of corporate trustees when the principal value of the trust exceeds $400,000, authorized the payment of commissions "as may be reasonable” but did not define or provide guidelines to determine "reasonable…
2Cases cited8 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Strickler EstateSupreme Court of Pennsylvania · 1946
- In Re Testamentary Trust Created Under the Last Will & Testament of IschySupreme Court of Pennsylvania · 1980
- 300 West Realty Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- American Trading Co. v. FishNew York Supreme Court · 1975
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3Cited by4 opinions
- Comerica Bank v. City of AdrianMichigan Court of Appeals · 1989
- In re the Estate of PrankardNew York Surrogate's Court · 2000
- In re BryantNew York Surrogate's Court · 2001
- In re the Judicial Settlement of the Final Account of Proceedings of Fleet Trust Co.New York Surrogate's Court · 1996