Laytin v. . Davidson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 14, 1883, which modified a decree of the surrogate of the county of Westchester, so as to adjudge that respondents as trustees under the will of William Laytin, deceased, are entitled to commissions as trustees in addition to their commissions as executors. (Reported below, 29 Hun, 622.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 14, 1883, which modified a decree of the surrogate of the county of Westchester, so as to adjudge that respondents as trustees under the will of William Laytin, deceased, are entitled to commissions as trustees in addition to their commissions as executors. (Reported below, 29 Hun, 622.) The material facts are stated in the opinion. As the law now stands there is no provision fixing the rate of compensation of testamentary trustees. (Redf. on Surr. [2d ed.] 701, note 9; Matter of Roosevelt,…
1Opinion of the CourtAndrews, J.
By the will of William Lay tin the testator gives to his executors his real estate and personal property in trust to pay debts and legacies and to construct a burial vault, and “ upon the further trust,” in substance, to divide the residue of his estate into five equal shares, and to pay the income of one share to each of his five children for life, and on the death of any child to distribute the principal of the share of the one so dying among his grandchildren then living, and the issue of any deceased grandchild, such issue taking the share the parent would have taken if living. The…
2Cases cited2 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- In re RooseveltNew York Surrogate's Court · 1882
3Cited by41 opinions
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In Re the Accounting SlocumNew York Court of Appeals · 1901
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
- In re the Estate of AbrahamsNew York Surrogate's Court · 1930
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