New York Surrogate's Court, 1911

In re the Judicial Settlement of the Account of Williamsburgh Trust Co.

In re the Judicial Settlement of the Account of Williamsburgh Trust Co.
New York Surrogate's Court · Decided June 15, 1911 · Ketcham
8 Mills Surr. 233; 72 Misc. 592; 131 N.Y.S. 989

Counsel

Dykman, Oeland & Kuhn, for trustee., Mayor Kromacher, for Jerome L. Bergen, cestui que trust and life tenant.

In re the Judicial Settlement of the Account of Williamsburgh Trust Co.

Opinion of the Court

Ketcham, S.

There should be no commissions upon the principal fund when the trustee asks, for reasons purely personal to itself, to be relieved from the trust before its completion. In this case, the trustee resigns because of its own desire to liquidate its affairs and to retire from business. Any allowance upon the corpus, which by its act is made subject to the commissions of its successor, would, to that degree, impose a double burden upon the estate.

Decreed accordingly.

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