Brush v. Smith
New York Surrogate's Court
Application by John 0. Smith and Henry N. Brush for commissions, upon the settlement of the decree on the judicial settlement of their account, as surviving trustees under decedent’s will; opposed on behalf of Rozabella Brush and other infants, next of lcin of decedent. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The only question submitted for my consideration in this matter is: "Have the trustees the right, in making up their accounts, to make annual rests, and charge their full commissions at each rest?”
The Brooklyn Trust Company, the guardian for Rozabella Brush, Maria L. Brush and Minnie Brush, three minor children of Francis V. Brush, a deceased son, objects to the amount of the commissions the trustees credit themselves with. It appears, from the accounts which the trustees filed in this office for a judicial settlement of the same, that the trustees have made up their accounts…
2Cases cited1 opinion
- Whitney v. PhoenixNew York Surrogate's Court · 1880