In Re the Judicial Settlement of the Accounts McAlpine
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which modified, and affirmed as modified, a decree of the surrogate of the county of Monroe upon an accounting of the petitioners, as executors of the last will and testament of Henry S. Potter, deceased. ■■ The opening clauses of the will of Henry S. Potter, are as follows: “I give, devise and bequeath to my…
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Cross-appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which modified, and affirmed as modified, a decree of the surrogate of the county of Monroe upon an accounting of the petitioners, as executors of the last will and testament of Henry S. Potter, deceased. ■■ The opening clauses of the will of Henry S. Potter, are as follows: “I give, devise and bequeath to my trustees hereinafter named, excepted as otherwise provided, all my real and personal estate of which I shall die seized or…
1Opinion of the CourtFinch, J.
The principal question which is presented by this appeal is whether the commissions to be allowed are to be governed by the doctrine of Johnson v. Lawrence (95 N. Y. 154) or Laytin v. Davidson (95 id. 263). Both cases agree in the rule that double commissions to the same persons, first in the character of executors and then in that of trustees, are to be awarded only when the will contemplates a several and separable action in each capacity, not at the same but different . stages of the administration, and that they are not to be allowed where the will makes no such separation, but blends the…
2Cases cited3 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- In Re the Judicial Settlement of the Account of WilletsNew York Court of Appeals · 1889
3Cited by60 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In Re the Accounting SlocumNew York Court of Appeals · 1901
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
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