In re the judicial settlement of the account of Kipp
New York Surrogate's Court
The deceased testatrix died December 12, 1886. Letters testamentary of her will were granted January 7, 1887. An inventory of her personal estate was filed in this office on the 4th day of March, 1887, which disclosed the value of her personal estate to be $96,786.70. This proceeding for and accounting was commenced on June 15, 1888, upon the petition of the executors and wherein their accounts were filed July 20, 1888, by which it appears that the assets of the estate were…
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The deceased testatrix died December 12, 1886. Letters testamentary of her will were granted January 7, 1887. An inventory of her personal estate was filed in this office on the 4th day of March, 1887, which disclosed the value of her personal estate to be $96,786.70. This proceeding for and accounting was commenced on June 15, 1888, upon the petition of the executors and wherein their accounts were filed July 20, 1888, by which it appears that the assets of the estate were then of the value of $101,189.47. The executors claimed double commissions upon this sum under section 2736 of the Code…
1Opinion of the Court
The Surrogate.
Upon the submission of this question to me for determination, I had the impres*130sion that such was the meaning of the statute. This impression was based upon my understanding that the authorities had placed that construction upon the section.
But after an examination of the decisions, an application of the principles which have been enunciated by the courts bearing upon the question of the compensation, the extent thereof, upon what based, and when earned and payable, of executors and administrators, and a consideration of the practical application of the language of the statute…
2Cases cited3 opinions
- Matter of Accounting of MasonNew York Court of Appeals · 1885
- Freeman v. FreemanNew York Surrogate's Court · 1880
- In re LeggattNew York Surrogate's Court · 1879