Johnson v. . Lawrence
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought hy plaintiff, as executrix of the will of Samuel W. Johnson, deceased, against defendants, the surviving executors of the will of William T. Garner, deceased, and against the beneficiaries under said will, to recover one-half the statutory commissions claimed to be due to said Johnson at the time of his death as one…
1Opinion of the CourtFinch, J.
Double commissions have been awarded in this case for services purely constructive, and having no real existence. That the same person may be entitled to compensation as executor, and also as trustee, in respect to the same estate, or some part thereof, is undoubtedly true, but does not follow in every instance where trust duties are imposed upon an executor. Where, by the terms or true construction of the will, the two functions with their corresponding duties co-exist, and run from the death of the testator to the final discharge ; interwoven, inseparable and blended together, so that no…
2Cases cited7 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- Valentine v. ValentineNew York Court of Chancery · 1847
- Drake v. . PriceNew York Court of Appeals · 1851
- Lansing v. LansingNew York Supreme Court · 1865
- Hall v. . HallNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In Re the Accounting SlocumNew York Court of Appeals · 1901
73 more not listed; retrieve them via the Exa API.