Legal Opinion

In re the Accounting of Long Island Trust Co.

New York Surrogate's Court

Decided September 16, 1986PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radigan, J.

The sole question arising in this proceeding for judicial *122settlement of the trustee’s account is the entitlement of the fiduciary, Long Island Trust Company (LITCO), to a commission on paying over principal on hand to itself as trustee of another inter vivos trust fund (SCPA 2309). Although the settlement of its accounts is unopposed, the absence of objections does not permit the trustee to unilaterally determine its right to commissions free from review by the court (Matter of James, 23 AD2d 529).

On September 10, 1968, the settlor, Reginald Steen,…

2Cases cited11 opinions

  1. In Re the Accounting of WildNew York Court of Appeals · 1932
  2. In Re the Accounting of Bank of New YorkNew York Court of Appeals · 1945
  3. In re the Estate of FarollNew York Surrogate's Court · 1963
  4. In re the Estate of LadewNew York Surrogate's Court · 1944
  5. In re the Estate of ReckfordNew York Surrogate's Court · 1944

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3Cited by1 opinion

  1. BANK OF NEW YORK MELLON v. Walnut Place LLCDistrict Court, S.D. New York · 2011

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