Legal Opinion

In re the Accounting of Braunstein

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

Decided April 13, 1965PublishedCited by 2 opinions

1Opinion of the Court

Per Curiam,

The compensation of a committee of the property of an incompetent is fixed in section 109 of the Mental Hygiene Law (formerly Civ. Prac. Act, § 1376) “ at the same rates as that of an executor or administrator.” The rates of commissions of an executor or administrator are provided for in section 285 of the Surrogate’s Court Act. A committee may also be allowed such additional compensation as to the court may be deemed just, where, in a special case, a committee’s services exceed those of an executor or administrator. (Mental Hygiene Law, § 109, subd. [1],)

This appeal concerns…

2Cases cited6 opinions

  1. In Re the Accounting of LyonNew York Court of Appeals · 1938
  2. In re the Estate of McKeonNew York Surrogate's Court · 1944
  3. Race v. . Gilbert, Etc.New York Court of Appeals · 1886
  4. In re the Estate of FarringtonNew York Surrogate's Court · 1933
  5. In re the Estate of PritchardNew York Surrogate's Court · 1939

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3Cited by2 opinions

  1. In re LindsayAppellate Division of the Supreme Court of the State of New York · 2000
  2. In re ConnorsNew York Supreme Court · 2009

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