Legal Opinion
In re the Estate of Povlsen
New York Surrogate's Court
Decided February 17, 1970PublishedCited by 5 opinions
1Opinion of the Court
Nathan R. Sobel, S.
There are two separate issues raised in this proceeding: (1) the right of an executor to commissions on a specific disposition, and (2) the right of the executor to pay estate attorneys compensation solely out of a particular legatee’s share of the estate.
Factually the issues are related. The beneficiary of the specific disposition became involved in litigation with his divorced wife. It is the contention of the petitioner executor that, because of such litigation, it was (1) compelled to perform executorial functions with respect to the specific disposition, and (2)…
2Cases cited23 opinions
- Collier v. . MunnNew York Court of Appeals · 1869
- Matter of LoomisNew York Court of Appeals · 1937
- Schenck v. . DartNew York Court of Appeals · 1860
- In re the Judicial Settlement of the Account of Proceedings of Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
- In re the Judicial Settlement of the Estate of LounsberryAppellate Division of the Supreme Court of the State of New York · 1929
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of UrbachAppellate Division of the Supreme Court of the State of New York · 1999
- In re the Estate of VolckeningNew York Surrogate's Court · 1973
- In re the Estate of DoehlaNew York Surrogate's Court · 1980
- Estate of Henning v. CommissionerUnited States Tax Court · 1977
- In re the Estate of BrannanNew York Surrogate's Court · 1971