Conger v. Conger
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, Theodore H. Conger and others, from portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day. of November, 1902, upon the report of a referee.
1Opinion of the Court
Patterson, J.:
This is a reargument ordered by the court of a single subject involved in the appeal in this action, namely, the amount of commissions to which the trustee is entitled. The referee allowed the trustee $567.99. We were of opinion that the proof showed that all the income had been paid over to the cestui que trust, and that thereby the trustee waived his right to commissions (Spencer v. Spencer, 38 App. Div. 403), and that commissions were allowed for the improvement of real property, but such was not the fact.
As stated in the opinion then rendered,* the will provided that the…
2Cases cited2 opinions
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- Hancox v. . MeekerNew York Court of Appeals · 1884
3Cited by5 opinions
- Cook v. . StockwellNew York Court of Appeals · 1912
- In re the Judicial Settlement of the Account of Proceedings of GordonNew York Supreme Court · 1922
- Durham v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1946
- In re the Estate of GarmesNew York Supreme Court · 1936
- In re the Intermediate Accounting of NortonNew York Surrogate's Court · 1908