In Re the Accounting of Barker
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 14, 1919, which modified and affirmed as modified a decree of the Onondaga County Surrogate’s Court settling the accounts of surviving executors and trustees under the will of James J. Belden, deceased, and remitted the matter to said surrogate.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 14, 1919, which modified and affirmed as modified a decree of the Onondaga County Surrogate’s Court settling the accounts of surviving executors and trustees under the will of James J. Belden, deceased, and remitted the matter to said surrogate. The following questions were certified: “1. Is the executor of the will of Cadwell B. Benson entitled, as matter of right, to receive one-half of the statutory commissions upon the value of the Manhattan Hotel property, as…
1Opinion of the Court
Hiscock, Ch. J.
These appeals by various parties spring from an accounting of the respondents, Barker and Knapp, as executors and trustees of one Belden. Many questions arose and the decree made by the surrogate thereon was modified in some of its provisions by the Appellate Division. We agree with the conclusions reached by that court upon all questions save one. We disagree, however, with the reasoning by which it reached its conclusion upon another question which seems important enough to call for some consideration.. We shall take up the two questions which we are thus led to discuss,…
2Cases cited11 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Woodward v. . JamesNew York Court of Appeals · 1889
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- In Re the Accounting of BusheNew York Court of Appeals · 1919
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3Cited by77 opinions
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- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1930
- Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- In re the Estate of SharpNew York Supreme Court · 1931
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