Legal Opinion

Secor v. Sentis

New York Surrogate's Court

Decided April 15, 1882PublishedCited by 12 opinions

Application, by executors, for commissions upon-the judicial settlement of their account. Leonora Secor and others, infant legatees, appeared on the settlement. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

The testator declared by his will that his executors should receive no compensation or fees, for their services in settling his estate. They are now about to make their final accounting, and they ask the allowance of the ordinary commissions, despite this inhibition of the will. They claim, indeed, that they are absolutely entitled under the statute, and that the Surrogate has no discretion in the premises. The statute provides that,' upon settlement of an executor’s account, the Surrogate “shall allow” him, in compensation for his services, a sum to be determined in a certain…

2Cases cited2 opinions

  1. Meacham v. SternesNew York Court of Chancery · 1842
  2. Halsey v. Van AmringeNew York Court of Chancery · 1836

3Cited by12 opinions

  1. In re ArkenburghAppellate Division of the Supreme Court of the State of New York · 1899
  2. Polk v. JohnsonIndiana Supreme Court · 1903
  3. In re Van BurenNew York Surrogate's Court · 1927
  4. In re the Construction of the Will of FlaggNew York Surrogate's Court · 1948
  5. In re the Judicial Settlement of the Accounts of SpragueNew York Surrogate's Court · 1905

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