New York Court of Appeals, 1957

In re the Accounting of Burrows

In re the Accounting of Burrows
New York Court of Appeals · Decided July 3, 1957
3 N.Y.2d 869; 145 N.E.2d 26; 166 N.Y.S.2d 312; 1957 N.Y. LEXIS 947

In re the Accounting of Burrows

Opinion of the Court

Per Curiam.

The order of the Appellate Division should be modified by disallowing management commissions to County Trust Company, coexecutor, under subdivision 6 of section 285 *871(formerly § 285, subd. 9) of the Surrogate’s Court Act, upon rents collected under a long-term net lease made by testator during his lifetime with R. H. Macy & Co., Inc., which the record does not indicate required such services as are contemplated by the management of real property within the meaning of this section (Matter of Smathers, 309 N. Y. 487).

As so modified, the order should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ., concur.

Ordered accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.