Legal Opinion

In re the Estate of Camp

New York Surrogate's Court

Decided January 20, 1989Published

1Opinion of the Court

OPINION OF THE COURT

Renee Ro,th, S.

The 1984 enactment of SCPA 2312 allowing corporate trustees of trusts over $400,000 to charge "reasonable compensation” instead of the former fixed annual commissions has lead to disagreement between such trustees and the income beneficiaries over the increased commissions. In order to resolve *306such disputes, some corporate fiduciaries have sought permission to resign (e.g., Matter of McDonald, 138 Misc 2d 577; Matter of Bostwick, NYLJ, Feb. 10, 1987, at 6, col 5). This is such a case.

In most instances, the proposed resignation does not affect the…

2Cases cited7 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. In Re the Estate of JonesNew York Court of Appeals · 1975
  3. In re the Estate of KosekNew York Court of Appeals · 1973
  4. In Re the Accounting of WalkerNew York Court of Appeals · 1944
  5. In re the Estate of McDonaldNew York Surrogate's Court · 1988

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