Legal Opinion
In re the Accounting of Guaranty Trust Co.
New York Court of Appeals
Decided January 12, 1956PublishedCited by 46 opinions
1Opinion of the CourtFroessel, J.
On this appeal, we are asked to decide whether, under subdivision 7 of section 285-a of the Surrogate’s Court Act, a testamentary trustee is entitled to retain, in addition to normal commissions under the preceding subdivisions of said section, extra commissions of 6% on gross rents collected under the 99-year net lease made by the testator, where there was no evidence of any specific acts of management by the trustee.
Elmer Ellsworth Smathers died in 1928, leaving a last will and testament dated December 11,1926, which was duly admitted to probate by the Surrogate’s Court of Westchester…
2Cases cited12 opinions
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Crane v. . BennettNew York Court of Appeals · 1904
- In re the Accounting of RathscheckNew York Court of Appeals · 1950
- People v. DethloffNew York Court of Appeals · 1940
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Albano v. KirbyNew York Court of Appeals · 1975
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Bright Homes, Inc. v. WrightNew York Court of Appeals · 1960
- Lower Manhattan Loft Tenants v. New York City Loft BoardNew York Court of Appeals · 1985
- MTR. OF RODRIGUEZ v. PeralesNew York Court of Appeals · 1995
41 more not listed; retrieve them via the Exa API.