Legal Opinion

In re the Estate of Hall

New York Surrogate's Court

Decided July 12, 1973Published

1Opinion of the Court

Otto C. Jaeger, S.

The questions to be determined in this final trustee’s accounting concern (1) the computation of the commissions payable to the trustee, that is whether the general provisions for payment of trustees’ commissions under SCPA 2309 are applicable or whether the special provisions relating to trusts created solely for charitable uses govern; (2) the right to commissions on rents; and (3) the amount of attorneys’ fees.

In a construction proceeding heretofore decided, this court determined that the trust for which petitioner now accounts is a valid trust (Matter of Hall, N. Y. L.…

2Cases cited5 opinions

  1. In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
  2. In re the Accounting of Guaranty Trust Co.New York Court of Appeals · 1956
  3. In re the Estate of PottsNew York Surrogate's Court · 1924
  4. In re the Estate of SchmittNew York Surrogate's Court · 1971
  5. In re the Estate of DurlandNew York Surrogate's Court · 1970

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