Legal Opinion

In re the Judicial Settlement of the Account of Potter

New York Surrogate's Court

Decided January 15, 1919PublishedCited by 14 opinions

Proceeding upon the judicial settlement of the account of testamentary trustees.

1Opinion of the Court

Ketcham, S.

The trustees claim one-half commissions on the value of real estate embraced in their account, on the ground alleged that such real estate has been “ received ” by them. To this, objection is made that the statute passed May 19, 1916, which, if applicable, would justify the claim, does not apply, and that the rule which controls the present accounting is to be found in the statute as it was when the trust came into operation.

Prior to May, 1916, section 2753 of the Code provided as to trustees’ commissions as follows: “ The value of any real or personal property * * * dis*115tributed or…

2Cases cited18 opinions

  1. Jacobus v. . ColgateNew York Court of Appeals · 1916
  2. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  3. Matter of Accounting of MasonNew York Court of Appeals · 1885
  4. Phoenix v. . LivingstonNew York Court of Appeals · 1886
  5. In Re the Judicial Settlement of the Account of WilletsNew York Court of Appeals · 1889

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3Cited by14 opinions

  1. Brainard v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1922
  2. In re the Estate of SaphirNew York Surrogate's Court · 1973
  3. In re the Estate of MohrNew York Surrogate's Court · 1938
  4. In re the Judicial Settlement of the Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1923
  5. Phraner v. StoneNew Jersey Court of Chancery · 1945

9 more not listed; retrieve them via the Exa API.

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