Legal Opinion

In re the Estate of Althause

New York Surrogate's Court

Decided January 15, 1924PublishedCited by 8 opinions

1Opinion of the Court

Foley, S.

In this accounting proceeding a question arises as to the compensation of the executors and trustees.(1) Commissions will be allowed at the rate of five per cent on the rents collected by the executors. By chapter 649 of the Laws of 1923 the legislature amended section 285 of the Surrogate’s Court Act, which fixes the rate on commissions of executors, trustees and other representatives. The new matter material to this estate is the last sentence added to the section, which reads as follows: “ Where a trustee or executor is, by the terms of the instrument, required to collect the…

2Cases cited4 opinions

  1. In Re the Accounting of BusheNew York Court of Appeals · 1919
  2. In Re the Accounting of ZieglerNew York Court of Appeals · 1916
  3. In re the Judicial Settlement of the Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1923
  4. In re the Judicial Settlement of the Accounts of the Binghamton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
  2. In re the Estate of SwartzNew York Surrogate's Court · 1937
  3. In re the Estate of WendelNew York Surrogate's Court · 1935
  4. In re the Estate of KnightNew York Surrogate's Court · 1924
  5. In re the Accounting of TurnerNew York Surrogate's Court · 1960

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