Legal Opinion
In re the Estate of Saphir
New York Surrogate's Court
Decided April 23, 1973PublishedCited by 19 opinions
1Opinion of the Court
Nathan R. Sobbl, S,
The account filed with the court is labeled “ Executor and Trustee” account. The objections raise three issues.
1. Is the executor entitled to commissions (SCPA 2307) on the unsold real property which comprised the major asset of the estate?
2. Is the trustee entitled to commissions (SCPA 2309), either annual or paying out, on the unsold real property?
3. Are “ double ” commissions (executor’s and trustee’s) payable for administration of the assets of this estate to the single fiduciary?
*908Special circumstances, this executor trustee contends, require an affirmative answer to all…
2Cases cited56 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- In Re the Accounting of HaleNew York Court of Appeals · 1931
- In re the Accounting of Guaranty Trust Co.New York Court of Appeals · 1956
51 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cooper v. JonesAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of PassuelloAppellate Division of the Supreme Court of the State of New York · 1992
- Estate of Posen v. CommissionerUnited States Tax Court · 1980
- Estate of Papson v. CommissionerUnited States Tax Court · 1979
- In re the Estate of TuckerNew York Surrogate's Court · 1973
14 more not listed; retrieve them via the Exa API.