In re the Accounting of Guaranty Trust Co.

The appellant Guaranty Trust Company of New York appeals from so much of a final decree of the Surrogate’s Court as limits its compensation for services as temporary administrator and executor upon the judicial settlement of its account. The Surrogate’s decision rested upon the ground that under the will commissions were to be limited to 1% on the gross estate and 1% on income.

*312The testator died on April 16, 1948, his will being dated March 18, 1943. Following the decedent’s death, objections were filed to probate of the will. Pending the determination of the objections, the trust company made…