In Re the Will of Allen

New York Court of Appeals
In Re the Will of Allen, 142 N.E. 260 (N.Y. 1923)
236 N.Y. 503; 1923 N.Y. LEXIS 912
Hogan, Cardozo, Pound, McLaughlin, Crane, Andrews

In Re the Will of Allen

Opinion of the Court

Per Curiam.

We are satisfied with the result reached in the courts below, except in one particular. The *504 principal of the Allen estate was less than $100,000. Only in case the gross value of the principal of the estate or fund accounted for amounts ” to that sum or to more, may the commissions allowed to trustees exceed those to which a sole trustee is entitled. (Code Civ. Pro. sec. 2753; Surr. Ct. Act, sec. 284.) The decree and order appealed from should, therefore, be modified by reducing the commissions therein allowed to the trustees to an amount equal to the commissions allowable to a sole trustee, and the proceedings should be remitted to the Surrogate’s Court to determine and apportion such ■ commissions. Otherwise the order and decree should be affirmed, with costs to all parties appearing or filing briefs on this appeal, payable out of the estate.

His cock, Ch. J.; Hogan, Cardozo, Pound, McLaughlin, CRane and Andrews, JJ.

Ordered accordingly.

Reference

Full Case Name
In the Matter of the Will of William Allen, Deceased, and of the Accounting of Annie B. Allen Et Al., as Executors Thereof. Eleanor A. Hoxie Et Al., Individually and as Executors of Isabella M. Capstick, Deceased, Appellants; Mount Vernon Trust Company Et Al., as Surviving Trustees of the Estate of William Allen, Deceased, Et Al., Respondents
Cited By
29 cases
Status
Published