In re the Judicial Settlement of the Account of McCord
Appellate Division of the Supreme Court of the State of New York
Appeal by Almira Dusenberry, one of the legatees named in the last will and testament of Albert McCord, deceased, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of May, 1895, directing that the supplemental objections filed by said appellant to the executors’ account should be disallowed, and overruling the same.- Albert McCord, the testator, died in 1886, possessed of personal property and seized of two…
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Appeal by Almira Dusenberry, one of the legatees named in the last will and testament of Albert McCord, deceased, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of May, 1895, directing that the supplemental objections filed by said appellant to the executors’ account should be disallowed, and overruling the same.- Albert McCord, the testator, died in 1886, possessed of personal property and seized of two houses, and in and by his will, after payment of the debts and a legacy, he bequeathed his personal estate to his five…
1Opinion of the Court
O’Brien, J.:
It is insisted that the services for which Albert McCord, Jr., claimed compensation outside of his commissions were only those which his official duty.imposed upon him, and the rule is invoked that an agreement allowing any other or greater compensation for such services, however meritorious, than the amount fixed by law, cannot be enforced. While this rule is settled and firmly supported by authority, .it is equally well settled that if services are performed by an executor, outside of his official duties, he may be allowed compensation therefor, and that an agreement to that…
2Cited by8 opinions
- In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of SchinasiNew York Court of Appeals · 1957
- In re the Judicial Settlement of the Account of FroelichAppellate Division of the Supreme Court of the State of New York · 1907
- Russell v. HiltonNew York Supreme Court · 1902
- In re the Accounting of BuckNew York Surrogate's Court · 1953
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