Legal Opinion

Lehman v. Irving Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 6, 1981PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

We sit as a court of first instance in this controversy submitted on an agreed statement of facts (CPLR 3222) to decide whether the grantor of a trust specifically limited the allowance to the trustee, so as necessarily to preclude it from receiving for its services the annual principal commissions to which it would be otherwise entitled by statute. *279No disagreement exists as to the trustee’s computations if its claim of entitlement to annual principal commissions is upheld.

On December 29, 1941, Alfred G. Vanderbilt established an irrevocable inter vivos trust…

2Cases cited13 opinions

  1. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  2. In Re the Accounting of BarkerNew York Court of Appeals · 1921
  3. In re the Estate of HaydenNew York Surrogate's Court · 1939
  4. Whitehead v. DraperAppellate Division of the Supreme Court of the State of New York · 1909
  5. In re the Estate of LarneyNew York Surrogate's Court · 1933

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3Cited by1 opinion

  1. In re the Estate of MatsonNew York Surrogate's Court · 1983

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