Legal Opinion

In re the Estate of Rubin

New York Surrogate's Court

Decided June 22, 1990PublishedCited by 2 opinions

1Opinion of the Court

*982OPINION OF THE COURT

C. Raymond Radigan, J.

This is an application by 1 of 2 cofiduciaries for advance payment of attorneys’ and accountants’ fees, commissions and partial distribution. The only matters currently being considered are the questions of advance payment of fees and commissions.

I. PROFESSIONAL FEES

With regard to fees, the petitioner argues that as an executor she is authorized to apply funds for proper expenditures without obtaining prior court approval, but that her brother as a coexecutor and presumably as a cosignatory on estate accounts has frustrated such rights by refusing to…

2Cases cited21 opinions

  1. Barry v. . LambertNew York Court of Appeals · 1885
  2. In Re the Accounting of NilesNew York Court of Appeals · 1889
  3. Croft v. . WilliamsNew York Court of Appeals · 1882
  4. Wilmerding v. . McKessonNew York Court of Appeals · 1886
  5. In re the Judicial Settlement of the Accounts of EhlertAppellate Division of the Supreme Court of the State of New York · 1933

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3Cited by2 opinions

  1. In re the Estate of StanleyAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re BrownNew York Supreme Court · 1999

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