Legal Opinion · Dissent

In Re the Trust of Spatt

New York Court of Appeals

Decided May 2, 1973Published

1Dissent

Breitel, J. (dissenting).

It is not necessary or desirable in all cases to require proof of value by expert witness or affiant of a trustee’s or a lawyer’s services. Most such cases are deter*779minable by criteria well-established in decisional law and by canons of professional conduct. In large and especially complicated matters the situation will be different. In this case, the Appellate Division, as well as the nisi prius court, had sufficient evidence in the record before them of the kind, quality, and difficulty of the services rendered by the substituted trustee. They had no need for the…

2Cases cited3 opinions

  1. Baruch v. GiblenSupreme Court of Florida · 1935
  2. Babbitt v. BumpusMichigan Supreme Court · 1889
  3. Missouri Pacific Transportation Co. v. McDonaldSupreme Court of Arkansas · 1943

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API